The  Charter 

OF  THE 

City  of  Springfield,  Ohio 


Election  Tuesday, 
August  26th,  1913 


♦ 


Mendelson  <^H^>  Printer 
Springfield,  O, 


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cop. 

STATEMENT  OF  CH 


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To  the  Voters  of  Springfield,  Ohio: — 


COMMISSION 


We  submit  to  you  a  proposed  charter  fo.r  Springfield.  This 
charter  has  been  prepared  for  your  consideration  in  the  firm  belief 
that  the  people  of  Springfield  are  ready  to  take  their  local  govern¬ 
ment  into  their  own  hands  by  the  adoption  of  a  charter.  A  special 
election  for  that  purpose  will  be  held  on  Tuesday,  August  26,  1913. 


ADVANTAGES  OF  THE  CHARTER 


We  suggest  the  following  as  a  few  of  the  many  reasons  for  the 
adoption  of  the  charter: 

1.  It  secures  Home  Rule  for  Springfield. 

2.  It  establishes  a  simple,  direct  and  businesslike  form  of  govern¬ 

ment. 

3.  It  makes  elective  officers  responsive  to  public  opinion  by  means 

of  the  initiative  and  referendum. 

4.  It  provides  for  direct  primaries  and  a  non-partisan  ballot. 

5.  It  prohibits  candidates  from  soliciting  office  by  improper 

methods. 

6.  It  affords  to  capable  men  the  opportunity  of  holding  office  dur¬ 

ing  good  behavior,  thus  tending  to  the  development  of  trained 
public  servants. 

7.  It  furnishes,  through  the  recall,  a  simple  method  of  removing 

inefficient  or  corrupt  officials. 

8.  It  requires  public  hearings  upon  money  appropriations. 

9.  It  secures  full  publicity  of  official  acts  yet  eliminates  wasteful 

methods  of  legal  advertising. 

10.  It  creates  a  purchasing  department  which  will  effect  great  saving 

in  the  purchase  of  supplies. 

11.  It  permits  public  work  to  be  done  by  direct  labor  as  well  as  by 

contract. 

12.  It  fixes  eight  hours  as  a  day’s  labor  upon  public  work. 

13.  It  safeguards  the  city  in  franchise  matters. 

14.  It  offers  a  means  of  avoiding  much  unnecessary  tearing  up  of 

streets  for  service  connections. 

15.  It  recognizes  the  people  as  the  sole  source  of  governmental  power 

and  imposes  upon  each  member  of  the  community  the  duty 
and  responsibility  of  actively  interesting  himself  in  the  af¬ 
fairs  of  his  city. 

If  this  charter  is  adopted  its  amendment  is  possible  at  any  time 
by  a  safe  and  convenient  method.  We  unanimously  urge  its  adoption 
in  the  interest  of  a  better  and  a  greater  Springfield. 

THE  CHARTER  COMMISSION. 


Pag©  Three 


CHARTER  OF  THE  CITY  OF  SPRINGFIELD,  OHIO 


Table  of  Contents 


Page 

POWERS  OF  THE  CITY .  5 

§  1— Name  and  Powers .  5 

THE  CITY  COMMISSION .  5 

§  2— Creation  and  Powers  .  5 

§  3 — Qualifications  of  Members . 5 

§  4— -Vacancies  . 6 

§  5 — Salary  and  Bonds  .  1 

§  6 — President  .  * 

§  7— Clerk  and  Employes  .  8 

§  8 — Time  of  Meeting  .  8 

§  9 — Penalty  for  Absence  .  8 

§10 — Legislative  Procedure  .  8 

§11 — Ordinance  Enactment  .  8 

§12 — Emergency  Measures  . 9 

§13— Record  and  Publication  .  9 

§14 — Price  and  Mode  of  Publication.  10 

CITY  MANAGER  . 

§15 — Appointment  .  . , . 11 

§16— Powers  and  Duties  . 11 

§17— Head  of  Departments  . 11 

§18— Platting  Commissioner  . . 12 

ADMINISTRATIVE  OFFICERS  AND 

DEPARTMENTS  . 12 

§19— City  Solicitor  . •••}£ 

§20 — City  Auditor  . 12 

§21 — City  Treasurer  . 13 

§22— Purchasing  Agent  .  ...  .13 

§23— Trustees  of  the  Sinking  Fund..  14 

§24 — Civil  Service  . 14 

§25— Other  Boards  and  Departments.  14 

§26— Advisory  Boards  . 14 

§27— Salaries  and  Bonds . 15 

§28— General  Disqualifications  . 15 

§29— Political  Activity  . 15 

§30 — Penalties  . Jb 

APPROPRIATIONS  . 16 

§31 — The  Estimate  . lb 

§32 — Appropriation  Ordinance . lb 

§33— Transfer  of  Funds  . 11 

§34 — iTnencumbered  Balances  . 17 

§35— Payment  of  Claims  . 11 

PAYMENTS— REPORTS  . 11 

§36 — Certification  of  Funds  . 18 

§31 — Money  in  Fund  . 18 

§38— Financial  Reports  . 18 

IMPROVEMENTS— CONTRACTS  - 19 

§39 — Limitation  of  Assessments - 19 

§40 — Improvements  by  Direct  Labor.  19 
§41 — Sewer  Water  and  Gas  Con¬ 
nections  . 19 

§42— Expenditures  in  Excess  of 

$1,000  . ••••••••• . in 

§43 — Time  of  Making  Contracts . 20 

§44 — Modification  of  Contracts  . 20 

§45 — Bids  in  Excess  of  Estimate - 20 

§46 — Contracts — -When  Void  . 20 


Page 

ELECTIONS  . 20 

§41 — Time  of  Holding  Elections. ..  .20 

§48— Ballots  . 20 

§49 — Petitions  for  Place  on  Primary 

Ballot  . 21 

§50 — Acceptance  . 21 

§51— Election  . 22 

§52 — General  Laws  to  Apply . 22 

THE  INITIATIVE  . 22 

§53 — Proposal  Petition  . 22 

§54— Time  of  Filing  . 23 

§55 — Petition  for  Election . 23 

§56 — Time  of  Holding  Election . 23 

§51— Ballots . 24 

§58 — Duty  of  City  Solicitor . 24 

§59— Amendments  and  Repeals . 24 

THE  REFERENDUM  . 24 

§60 — Petition  for  Referendum  . 24 

§61 — Proceedings  Thereunder  . 25 

§62 — Referendum  on  Initiated  Or¬ 
dinances — Conflict . 25 

§63 — Emergency  Measures  . 26 

§64 — Preliminary  Action . 26 

THE  RECALL  . 26 

§65— Recall  Petition  . 26 

§66— Notice . .21 

§61 — Recall  Election  . 21 

§68— Ballots  . t . 21 

§69 — Filling  of  Vacancies  . 28 

§70 — Counting  the  Vote  . 28 

§71 — Effect  of  Resignations  . 28 

§72 — Miscellaneous  Provisions  . 28 

§73 — Offenses  Relating  to  Petitions. 29 

FRANCHISES . 29 

§74 — Grants  Limited  . 29 

§75— Period  of  Grants  . 29 

§76 — Assignment . 29 

§77 — Right  of  Purchase  . 30 

§78 — Extension  by  Annexation  . 30 

§79 — Right  of  Regulation  . 30 

§80 — Forfeitures  . 30 

§81 — Accounts  and  Reports  . 31 

§82 — Grants  not  Included  . 31 

§83 — General  Provision  . 32 

MISCELLANEOUS  PROVISIONS. . .  .32 

§84 — General  Laws  to  Apply  . 32 

§85 — Ordinances  Continued  in  Force. 32 
§86— Continuance  of  Present  Officers.32 
■§87— Continuance  of  Contracts  and 

Vested  Rights  . 32 

§88 — Investigations  . 33 

§89— Oath  of  Office  . 33 

§90— Hours  of  Labor  . 33 

§91 — First  Election  . 34 

§92 — Amendment  of  Charter  . 35 

§93— Saving  Clause  . 35 

§94 — When  Charter  Takes  Effect - 35 


Page  Four 


CHARTER  OF  THE  CITY  OF  SPRINGFIELD,  OHIO 


Charter  of  The  City  of  Springfield,  Ohio 

We,  the  people  of  the  City  of  Springfield,  Ohio,  in  order  to  obtain 
the  benefits  of  local  self-government,  to  encourage  more  direct  and 
business-like  methods  in  the  transaction  of  our  municipal  affairs,  and 
otherwise  to  promote  our  common  welfare,  do  adopt  the  following 
Charter  of  our  city. 

POWERS  OF  THE  CITY 

Section  1.  The  inhabitants  of  the  City  of  Springfield,  Ohio,  as 
its  limits  now  are  or  hereafter  may  be  established,  shall  continue  to  be 
a  body  politic  and  corporate,  to  be  known  and  designated  as  “The  City 
of  Springfield,  Ohio,”  and  as  such  shall  have  perpetual  succession.  It 
shall  have  and  may  exercise  all  powers  which  now  or  hereafter  it  would 
be  competent  for  this  charter  specifically  to  enumerate,  as  fully  and 
completely  as  though  said  powers  were  specifically  enumerated  here¬ 
in;  and  no  enumeration  of  particular  powers  by  this  charter  shall  be 
held  to  be  exclusive. 

THE  CITY  COMMISSION 

Creation  and  Powers. 

Section  2.  There  is  hereby  created  a  City  Commission  to  consist 
of  five  electors  of  the  city  elected  at  large,  who  shall  hold  office  for  a 
term  of  four  years  beginning  January  first  after  their  election,  ex¬ 
cepting  that  the  two  members  elected  at  the  first  election  by  the  lowest 
vote  shall  hold  office  for  the  term  of  two  years  only. 

All  the  powers  of  the  city,  except  such  as  are  vested  in  the  Board 
of  Education  and  in  the  Judge  of  the  Police  Court,  and  except  as 
otherwise  provided  by  this  charter  or  by  the  constitution  of  the  state, 
are  hereby  vested  in  the  city  commission;  and,  except  as  otherwise 
prescribed  by  this  Charter  or  by  the  constitution  of  the  state,  the  city 
commission  may  by  ordinance  or  resolution  prescribe  the  manner  in 
which  any  power  of  the  city  shall  be  exercised.  In  the  absence  of  such 
provision  as  to  any  power,  such  power  shall  be  exercised  in  the  man¬ 
ner  now  or  hereafter  prescribed  by  the  general  laws  of  the  state 
applicable  to  municipalities. 

Qualification  of  Members. 

Section  3.  Each  member  of  the  city  commission,  for  at  least  five 
years  immediately  prior  to  his  election  shall  have  been,  and  during  his 
term  of  office  shall  continue  to  be,  a  resident  of  the  City  of  Spring- 
field,  Ohio,  and  shall  have  the  qualifications  of  an  elector  therein.  He 
shall  not  hold  any  other  public  office  or  employment  except  that  of 
Notary  Public  or  member  of  the  state  militia. 


Page  Five 


CHARTER  OF  THE  CITY  OF  SPRINGFIEFD,  OHIO 


No  candidate  for  the  office  of  city  commissioner  shall  make  any 
personal  canvass  among*  the  voters  to  secure  his  nomination  or  elec¬ 
tion,  or  the  nomination  or  election  of  any  other  candidate  at  the  same 
election,  whether  for  municipal,  county,  state  or  other  office.  He 
may  cause  notice  of  his  candidacy  to  be  published  in  the  newspapers, 
and  may  prqcure  the  circulation  of  a  petition  for  his  nomination;  but 
he  shall  not  personally  circulate  such  petition,  nor  by  writing  or  other¬ 
wise  solicit  any  one  to  support  him  or  vote  for  him.  He  shall  not 
expend  or  promise  any  money,  office,  employment  or  other  thing  of 
value  to  secure  a  nomination  or  election;  but  he  may  answer  such  in¬ 
quiries  as  may  be  put  to  him  and  may  declare  his  position  publicly 
upon  matters  of  public  interest,  either  by  addressing  public  meetings 
or  by  making  written  statements  for  newspaper  publication  or  general 
circulation.  A  violation  of  these  provisions,  or  any  of  them,  shall 
disqualify  him  from  holding  the  office,  if  elected;  and  the  person 
receiving  the  next  highest  number  of  votes,  who  has  observed  the 
foregoing  conditions,  shall  be  entitled  to  the  office. 

Vacancies. 

Section  4.  Any  vacancy  in  the  city  commission,  except  as  other¬ 
wise  provided  in  this  charter,  shall  be  filled  by  the  remaining  members 
by  the  vote  of  at  least  three.  If  the  term  of  the  office  so  filled  does 
not  expire  for  two  years  or  more  after  the  next  regular  municipal 
election  following  such  vacancy,  and  such  vacancy  occurs  in  time  to 
permit  it,  an  additional  commissioner  shall  then  be  elected;  and,  of 
those  commissioners  elected  at  such  election  the  one  having  the  lowest 
vote  shall  succeed  such  appointee  and  serve  the  unexpired  term.  In 
the  event  of  more  than  one  vacancy  to  be  so  filled  by  election,  the 
same  provisions  shall  apply. 

If,  by  reason  of  resignations,  deaths,  failure  to  elect,  or  other  cir¬ 
cumstance,  three  or  more  vacancies  exist  or  occur  at  the  same  time 
in  said  city  commission,  or  if  said  commission  fails  to  fill  any  vacancy 
within  ten  days  after  the  same  occurs,  then  the  trustees  of  the  sinking 
fund  and  the  members  of  the  civil  service  commission  shall  convene  in 
joint  session,  and  by  a  majority  vote  of  the  members  of  the  joint  board 
forthwith  make  such  number  of  appointments  as  may  be  necessary  to 
constitute  a  city  commission  of  three  qualified  members,  which  three 
members  shall  at  once  proceed  to  fill  the  remaining  vacancies  as  here¬ 
inbefore  provided.  The  clerk  of  the  trustees  of  the  sinking  fund  shall 
act  as  the  clerk  of  the  two  boards  in  joint  session,  and  shall  cause  his 
certificate  of  their  action  to  be  entered  on  the  journal  of  the  city 
commission. 


Page  Six 


CHARTER  OF  THE  CITY  OF  SPRINGFIELD,  OHIO 


Salary  and  Bonds. 

Section  5.  Each  member  of  the  city  commission  shall  receive, 
except  as  hereinafter  provided,  a  salary  of  five  hundred  dollars  a 
year  payable  in  equal  monthly  installments;  and  shall  give  bond  in 
the  sum  of  ten  thousand  dollars  with  some  bonding  company  regularly 
accredited  to  do  business  in  the  State  of  Ohio  as  surety  thereof,  to 
the  approval  of  the  sinking  fund  trustees;  and  the  premium  of  each 
such  bond  shall  be  paid  by  the  city. 

President. 

Section  6.  The  city  commission  shall  at  the  time  of  organizing 
elect  one  of  its  members  as  president  and  another  as  vice-president  for 
terms  of  two  years.  In  case  the  members  of  the  city  commission, 
within  five  days  after  the  time  herein  fixed  for  their  organization 
meeting,  are  unable  to  agree  upon  a  president  or  a  vice-president  of 
such  commission,  then  a  president,  or  a  vice-president,  or  both,  as  the 
occasion  may  require,  shall  be  selected  from  all  the  members  of  such 
commission  by  lot  conducted  by  the  city  solicitor;  who  shall  certify 
the  result  of  such  lot  upon  the  journal  of  the  commission. 

The  president  shall  preside  at  all  meetings  of  the  commission  and 
perform  such  other  duties  consistent  with  his  office  as  may  be  imposed 
by  it;  and  he  shall  have  a  voice  and  vote  in  its  proceedings,  but  no 
veto.  He  may  use  the  title  of  mayor  in  any  case  in  which  the  execu¬ 
tion  of  legal  instruments  of  writing  or  other  necessity  arising  from 
the  general  law  of  the  state  so  requires;  but  this  shall  not  be  con¬ 
strued  as  conferring  upon  him  the  administrative  or  judicial  functions 
of  a  mayor  under  the  general  laws  of  the  state. 

The  president  of  the  city  commission  shall  be  recognized  as  the 
official  head  of  the  city  by  the  courts  for  the  purpose  of  serving  civil 
process,  by  the  Governor  for  the  purpose  of  military  law,  and’  for  all 
ceremonial  purposes.  He  may  take  command  of  the  police  and  govern 
the  city  by  proclamation  during  times  of  public  danger  or  emergency, 
and  he  shall  himself  be  the  judge  of  what  constitutes  such  public 
danger  or  emergency.  The  powers  and  duties  of  the  president  shall 
be  such  as  are  conferred  upon  him  by  this  charter,  together  with  such 
others  as  are  conferred  by  the  city  commission  in  pursuance  of  the 
provisions  of  this  charter,  and  no  others. 

If  the  president  be  temporarily  absent  from  the  city,  or  become 
temporarily  disabled  from  any  cause,  his  duties  shall  be  performed 
during  such  absence  or  disability  by  the  vice-president.  In  the  absence 
of  both  president  and  vice-president  the  other  members  of  the  city 
commission  shall  select  one  of  their  number  to  perform  the  duties  of 
president. 


Page  Seven 


CHARTER  OF  THE  CITY  OF  SPRINGFIELD,  OHIO 


Clerk  and  Employes. 

Section  7.  The  city  commission  shall  appoint  a  clerk  who  shall 
be  known  as  the  Clerk  of  the  City  Commission,  and  who  shall  keep 
records  and  perform  such  other  duties  as  may  be  prescribed  by  this 
charter  or  by  the  commission.  It  may  also  appoint  and  employ  such 
other  officers  and  employes  of  its  body  as  are  necessary. 

Time  of  Meeting. 

Section  8.  At  eight  o’clock  P.  M.  on  the  second  day  of  January 
following  a  regular  municipal  election,  or  if  such  day  be  Sunday,  on 
the  day  following,  the  city  commission  shall  meet  at  the  usual  place 
for  holding  the  meetings  of  the  legislative  body  of  the  city,  at  which 
time  the  newly  elected  commissioners  shall  assume  the  duties  of  their 
office.  Thereafter  the  city  commission  shall  meet  at  such  times  as 
may  be  prescribed  by  ordinance  or  resolution,  except  that  it  shall  meet 
regularly  not  less  than  one  evening  each  week.  The  president,  any 
two  members  of  the  commission,  or  the  city  manager,  may  call  special 
meetings  of  the  commission  upon  at  least  twelve  hours  written  notice 
to  each  member,  served  personally  or  left  at  his  usual  place  of  resi¬ 
dence.  All  meetings  of  the  city  commission  shall  be  public  and  any 
citizen  shall  have  access  to  the  minutes  and  records  thereof  at  all 
reasonable  times.  The  commission  shall  determine  its  own  rules  and 
order  of  business  and  shad  keep  a  journal  of  its  proceedings. 

Penalty  for  Absence. 

Section  9.  For  each  absence  of  a  city  commissioner  from  a  regu¬ 
lar  meeting  of  the  commission,  there  shall  be  deducted  a  sum  equal  to 
two  per  cent  of  the  annual  salary  of  such  member.  Absence  from  five 
consecutive  regular  meetings  shall  operate  to  vacate  the  seat,  of  a 
member  unless  the  absence  is  excused  by  the  commission  by  resolu¬ 
tion  setting  forth  such  excuse  and  entered  upon  the  journal. 

Legislative  Procedure. 

Section  10.  A  majority  of  all  the  members  elected  to  the  city 
commission  shall  be  a  quorum  to  do  business,  but  a  less  number  may 
adjourn  from  day  to  day  and  compel  the  attendance  of  absent  mem¬ 
bers  in  such  manner  and  under  such  penalties  as  may  be  prescribed 
by  ordinance.  The  affirmative  vote  of  at  least  three  of  the  members 
shall  be  necessary  to  adopt  any  ordinance  or  resolution;  and  the  vote 
upon  the  passage  of  all  ordinances  and  resolutions  shall  be  taken  by 
“yeas”  and  “nays”  and  entered  upon  the  journal. 

Ordinance  Enactment. 

Section  11.  Each  proposed  ordinance  or  resolution  shall  be  intro¬ 
duced  in  written  or  printed  form,  and  shall  not  contain  more  than  one 
subject  which  shall  be  clearly  stated  in  the  title;  but  general  appro- 


Page  Eight 


CHARTER  OF  THE  CITY  OF  SPRINGFIELD,  OHIO 


priation  ordinances  may  contain  the  various  subjects  and  accounts  for 
which  moneys  are  to  be  appropriated.  The  enacting  clause  of  all 
ordinances  passed  by  the  city  commission  shall  be,  “Be  it  ordained  by 
the  City  Commission  of  the  City  of  Springfield,  Ohio.”  The  enacting 
clause  of  all  ordinances  submitted  to  popular  election  by  the  initiative 
shall  be:  “Be  it  ordained  by  the  people  of  the  City  of  Springfield, 
Ohio.” 

No  ordinance  unless  it  be  an  emergency  measure,  shall  be  passed 
until  it  has  been  read  at  two  regular  meetings  not  less  than  one  week 
apart,  or  the  requirement  of  such  reading  has  been  dispensed  with  by 
an  affirmative  vote  of  four  of  the  members  of  the  commission.  No 
ordinance  or  resolution  or  section  thereof  shall  be  revised  or  amended, 
unless  the  new  ordinance  or  resolution  contain  the  entire  ordinance  or 
resolution  or  section  revised  or  amended;  and  the  original  ordinance, 
resolution,  section  or  sections  so  amended  shall  be  repealed. 

Emergency  Measures. 

Section  12.  All  ordinances  and  resolutions  passed  by  the  city 
commission  shall  be  in  effect  from  and  after  thirty  days  from  the  date 
of  their  passage,  except  that  the  city  commission  may,  by  an  affirma¬ 
tive  vote  of  four  of  its  members,  pass  emergency  measures  to  take 
effect  at  the  time  indicated  therein. 

An  emergency  measure  is  an  ordinance  or  resolution  for  the  im¬ 
mediate  preservation  of  the  public  peace,  property,  health,  or  safety, 
or  providing  for  the  usual  daily  operation  of  a  municipal  department, 
in  which  the  emergency  is  set  forth  and  defined  in  a  preamble  thereto. 
Ordinances  appropriating  money  may  be  passed  as  emergency  mea¬ 
sures,  but  no  measure  making  a  grant,  renewal  or  extension  of  a 
franchise  or  other  special  privilege,  or  regulating  the  rate  to  be 
charged  for  its  service  by  any  public  utility,  shall  ever  be  so  passed. 

Record  and  Publication. 

Section  13.  Every  ordinance  or  resolution  upon  its  final  passage 
shall  be  recorded  in  a  book  kept  for  that  purpose,  and  shall  be  authen¬ 
ticated  by  the  signatures  of  the  presiding  officer  and  the  clerk  of  the 
commission.  Every  ordinance  of  a  general  or  permanent  nature  shall 
be  published  once  within  ten  days  after  its  final  passage  in  the 
manner  herein  provided. 

Resolutions  and  ordinances  providing  for  public  improvements,  to 
pay  the  cost  of  which  special  assessments  are  to  be  made,  need  not  be 
published;  but  within  ten  days  after  the  passage  of  each  a  notice  shall 
be  published  as  follows,  the  same  being  in  addition  to  the  notice  re¬ 
quired  by  law  to  be  served  on  the  property  owners. 

As  to  the  resolution  declaring  the  necessity  of  the  proposed  im¬ 
provement,  a  notice  shall  be  published  headed  “Notice  of  Public  Im¬ 
provement,”  stating  when  the  same  was  adopted  by  the  city  commis- 


Page  Nine 


CHARTER  OF  THE  CITY  OF  SPRING  FIEL.D,  OHIO 


sion,  and  setting  forth  the  general  nature  and  the  extent  of  such 
improvement  including  any  change  of  street  grade  that  is  to  be  made, 
what  part  of  the  cost  thereof  is  to  be  assessed  against  the  property 
to  be  especially  benefited  thereby,  and  when  water,  gas  or  other 
street  connections  must  be  made. 

As  to  the  ordinance  determining  to  proceed  with  the  improvement, 
a  notice  shall  be  published  headed  “Notice  of  Determination  to  Pro¬ 
ceed  with  Public  Improvement,”  stating  when  the  city  commission 
adopted  the  same,  describing  the  character  and  extent  of  the  improve¬ 
ment  in  general  terms,  and  setting  forth  within  what  time  assess¬ 
ments  on  property  specially  benefited  may  be  paid  in  cash,  and  for 
what  period  and  at  what  interest  bonds  will  be  issued  for  that  portion 
of  the  assessment  not  so  paid. 

In  regard  to  the  ordinance  to  provide  for  the  issue  of  bonds,  a 
notice  shall  be  published  headed  “Notice  of  Bond  Issue  for  Public  Im¬ 
provement, stating  when  the  city  commission  adopted  the  same, 
describing  the  improvement  in  general  terms,  and  stating  the  total 
amount  of  bonds  to  be  issued,  in  what  denomination,  when  maturing, 
how  to  be  dated  and  numbered,  the  rate  of  interest,  when  and  where 
payable,  and  the  lowest  price  at  which  any  portion  of  such  bond's  not 
taken  by  the  sinking  fund  of  the  city,  or  of  the  city  school  district,  will 
be  offered  at  public  sale.  Wherever  practicable  notices  of  the  same 
character  required  to  be  published  regarding  separate  improvements 
shall  be  combined  into  one  notice  under  a  single  heading. 

No  resolution  declaring  it  necessary  to  proceed  with  any  public 
improvement  shall  be  adopted  until  complete  plans,  specifications, 
profiles  and  estimates  have  been  submitted  to  the  city  commission 
and  been  approved  by  it;  and  the  same,  or  a  copy  thereof,  shall  there¬ 
after  remain  on  file  in  the  office  of  the  city  engineer  subject  to  in¬ 
spection  by  the  public. 

Price  and  Mode  of  Publication. 

Section  14.  All  of  the  above  mentioned  publications,  as  well  as 
all  other  newspaper  publications  made  by  the  city,  shall  be  published 
in  a  newspaper  or  newspapers  of  general  circulation  in  the  munici¬ 
pality,  in  the  body  type  of  the  paper  and  under  head  lines  in  eighteen 
point  type,  specifying  the  nature  of  the  publication;  and,  where  legally 
permissible,  such  publication  shall  be  made  but  once  and  in  one  news¬ 
paper  only. 

The  newspaper  carrying  such  publication  shall  be  paid  a  price  per 
inch  of  space  used  and  the  lowest  and  best  rate  offered,  not  exceeding 
that  which  it  receives  from  regular  commercial  display  advertisers 
for  the  quantity  of  space  used.  Whenever  it  may  appear  to  the  city 
commission  that  the  rates  offered  by  such  newspapers  are  unfair,  such 


Page  Ten 


CHARTER  OF  THE  CITY  OF  SPRINGFIEED,  OHIO 


other  means  or  securing  due  publicity  may  be  employed,  in  lieu  of 
newspaper  advertising,  as  the  commission  may  by  resolution  deter¬ 
mine. 

CITY  MANAGER 

Appointment. 

Section  15.  The  city  commission  shall  appoint  a  city  manager 
who  shall  be  the  administrative  head  of  the  municipal  government 
under  the  direction  and  supervision  of  the  city  commission,  and  who 
shall  hold  office  at  the  pleasure  of  the  city  commission.  He  shall  be 
appointed  without  regard  to  his  political  beliefs  and  need  not  be  a 
resident  of  the  city  at  the  time  of  his  appointment.  During  the  ab¬ 
sence  or  disability  of  the  city  manager  the  city  commission  may  des¬ 
ignate  some  properly  qualified  person  to  execute  the  functions  of  the 
office. 

Powers  and  Duties. 

Section  16.  The  powers  and  duties  of  the  city  manager  shall  be: 

(a)  To  see  that  the  laws  and  ordinances  are  enforced. 

(b)  Except  as  herein  provided,  to  appoint  and  remove  all  heads 
of  departments,  and  all  subordinate  officers  and  employes  of  the  city; 
all  appointments  to  be  upon  merit  and  fitness  alone,  and  in  the  classi¬ 
fied  service  all  appointments  and  removals  to  be  subject  to  the  civil 
service  provisions  of  this  charter. 

(c)  To  exercise  control  over  all  departments  and  divisions  cre¬ 
ated  herein  or  that  hereafter  may  be  created  by  the  commission. 

4fd)  To  see  that  all  terms  and  conditions  imposed  in  favor  of  the 
city  or  its  inhabitants  in  any  public  utility  franchise  are  faithfully 
kept  and  performed;  and  upon  knowledge  of  any  violation  thereof  to 
call  the  same  to  the  attention  of  the  city  solicitor,  who  is  hereby  re¬ 
quired  to  take  such  steps  as  are  necessary  to  enforce  the  same. 

(e)  To  attend  all  meetings  of  the  commission,  with  the  right  to 
take  part  in  the  discussions  but  having  no  vote. 

(f )  To  recommend  to  the  commission  for  adoption  such  measures 
as  he  may  deem  necessary  or  expedient. 

(g)  To  act  as  budget  commissioner  and  to  keep  the  city  com¬ 
mission  fully  advised  as  to  the  financial  condition  and  needs  of  the 
city;  and 

(h)  To  perform  such  other  duties  as  may  be  prescribed  by  this 
charter  or  be  required  of  him  by  ordinance  or  resolution  of  the  com¬ 
mission. 

Head  of  Departments. 

Section  17.  Excepting  the  departments  of  city  solicitor,  auditor, 
treasurer,  sinking  fund  and  civil  service,  and  until  otherwise  pro¬ 
vided  by  the  city  commission,  any  existing  department  now  under  the 


Page  Eleven 


CHARTER  OF  THE  CITY  OF  SPRXNGFIEED,  OHIO 


control  of  a  special  board,  such  as  library,  hospital  and  park,  the  city 
manager  shall  be  the  acting  head  of  each  and  every  department  of  the 
city  until  otherwise  directed  by  the  commission;  but  with  the  consent 
and  approval  of  the  commission,  he  may  appoint  a  deputy  or  chief 
clerk  to  represent  him  in  any  department  of  which  he  is  the  acting 
head.  No  member  of  the  city  commission  shall  directly  interfere  with 
the  conduct  of  any  department,  except  at  the  express  direction  of  the 
commission. 

Platting  Commissioner. 

Section  18.  The  city  manager  shall  also  be  the  platting  com¬ 
missioner  of  the  city  and  he  shall  exercise  the  authority  and  discharge 
the  duties  of  that  office  under  the  provisions  of  the  general  law  of  the 
state  applicable  thereto,  except  as  the  same  may  be  modified  by  the 
city  commission. 

ADMINISTRATIVE  OFFICERS  AND  DEPARTMENTS 
City  Solicitor. 

Section  19.  The  city  commission  shall  appoint  a  city  solicitor 
who  shall  hold  office  at  the  pleasure  of  the  commission.  The  city 
solicitor  shall  act  as  the  legal  adviser  to,  and  attorney  and  counsel 
for,  the  municipality  and  all  its  officers  in  matters  relating  to  their 
official  duties.  He  shall  prepare  all  contracts,  bonds  and  other  instru¬ 
ments  in  writing  in  which  the  municipality  is  concerned,  and  shall 
endorse  on  each  his  approval  of  the  form  and  correctness  thereof;  and 
no  contract  with  such  municipality  shall  take  effect  until  his  approval 
is  endorsed  thereon.  He  or  his  assistants  shall  be  the  prosecutor  or 
prosecutors  in  any  police  or  municipal  court,  and  shall  perform  such 
other  duties  and  have  such  assistants  and  clerks  as  the  city  commis¬ 
sion  may  authorize.  In  addition  to  such  duties  he  shall  perform  such 
other  duties  as  may  be  required  of  him  by  the  city  commission,  as  well 
as  such  as  may  be  required  of  city  solicitors  by  the  general  laws  of 
the  state  applicable  to  municipalities  and  not  inconsistent  with  this 
charter  or  with  any  ordinance  or  resolution  that  may  be  passed  by 
the  city  commission. 

City  Auditor. 

Section  20.  The  city  commission  shall  appoint  a  city  auditor  who 
shall  hold  office  at  the  pleasure  of  the  commission.  The  city  auditor 
shall  issue  all  warrants  for  payments  of  money  by  the  city.  He  shall 
keep  an  accurate  account  of  all  taxes  and  assessments,  of  all  money 
due  to,  and  all  receipts  and  disbursements  by,  the  municipality,  of  all 
its  assets  and  liabilities,  and  of  all  appropriations  made  by  the  city 
commission.  At  the  end  of  each  fiscal  year,  and  oftener  if  required 
by  the  city  commission,  he  shall  audit  the  accounts  of  the  several 
departments  and  officers,  and  shall  audit  all  other  accounts  in  which 


Page  Twelve 


CHARTER  OF  THE  CITY  OF  SPRINGFIELD,  OHIO 


the  municipality  is  interested.  He  may  prescribe  the  form  of  reports 
to  be  rendered  to  his  department,  and  the  method  of  keeping  accounts 
by  all  other  departments,  and  he  shall  require  daily  reports  to  be  made 
to  him  by  each  department  showing  the  receipt  of  all  moneys  by  such 
department  and  the  disposition  thereof.  Upon  the  death,  resignation, 
removal,  or  expiration  of  the  term  of  any  officer,  the  city  auditor 
shall  audit  the  accounts  of  each  officer,  and  if  such  officer  shall  be 
found  indebted  to  the  municipality  he  shall  immediately  give  notice 
thereof  to  the  city  commission,  and  the  city  solicitor;  and  the  latter 
shall  forthwith  proceed  to  collect  the  same. 

In  addition  to  such  duties  the  city  auditor  shall  perform  such 
other  duties  as  may  be  required  of  him  by  the  city  commission,  as  well 
as  such  as  may  be  required  of  city  auditors  by  the  general  laws  of 
the  state  applicable  to  municipalities  and  not  inconsistent  with  this 
Charter  or  with  any  ordinance  or  resolution  that  may  be  passed  by 
the  city  commission. 

City  Treasurer. 

Section  21.  The  city  commission  shall  appoint  a  city  treasurer 
who  shall  hold  office  at  the  pleasure  of  the  city  commission.  The 
office  of  city  treasurer  may  be  combined  with  that  of  clerk  of  the 
city  commission  or  with  any  other  office  not  inconsistent  therewith. 
The  city  treasurer  shall  be  the  custodian  of  all  moneys  of  the  munici¬ 
pality,  and  shall  keep  and  preserve  the  same  in  such  manner  and  in 
such  place  or  places  as  shall  be  determined  by  the  city  commission. 
He  shall  pay  out  money  only  on  warrants  issued  by  the  city  auditor. 

In  addition  to  such  duties  he  shall  perform  such  other  duties  as 
may  be  required  of  him  by  the  city  commission  as  well  as  such  as  may 
be  required  of  city  treasurers  by  the  general  laws  of  the  state  appli¬ 
cable  to  municipalities  and  not  inconsistent  with  this  charter  or  with 
any  ordinance  or  resolution  that  may  be  passed  by  the  city  commis¬ 
sion. 

Purchasing  Agent. 

Section  22.  The  city  commission  shall  designate  some  officer 
of  the  city,  other  than  the  auditor  or  treasurer,  to  act  as  its  pur¬ 
chasing  agent,  by  whom  all  purchases  of  supplies  for  the  city  shall 
be  made,  and  who  shall  approve  all  vouchers  for  the  payment  of  the 
same.  Such  purchasing  agent  shall  also  conduct  all  sales  of  personal 
property  which  the  commission  may  authorize  to  be  sold  as  having 
become  unnecessary  or  unfit  for  the  city’s  use. 

All  purchases  and  sales  shall  conform  to  such  regulations  as  the 
commission  may  from  time  to  time  prescribe;  but  in  either  case,  if 
an  amount  in  excess  of  five  hundred  dollars  is  involved,  opportunity 
for  competition  shall  be  given.  Where  purchases  or  sales  are  made 
on  joint  account  of  separate  departments,  the  purchasing  agent  shall 


Page  Thirteen 


CHARTER  OF  THE  CITY  OF  SPRINGFIELD,  OHIO 


apportion  the  charge  or  credit  to  each  department.  He  shall  see  to 
the  delivery  of  supplies  to  each  department,  and  take  and  retain  the 
receipt  of  each  department  therefor.  Until  the  city  commission  shall 
otherwise  provide,  the  city  manager  of  the  city  shall  act  as  such 
purchasing  agent. 

Trustees  of  the  Sinking  Fund. 

Section  23.  The  board  of  trustees  of  the  sinking  fund  as  now 
organized  and  existing  shall  continue,  and  such  board  and  all  matters 
pertaining  thereto  shall  be  governed  by  the  general  laws  of  the  state 
in  effect  January  1st,  1914,  or  thereafter  enacted  and  applicable 
thereto;  excepting  that  the  members  of  said  board  shall  serve  without 
pecuniary  compensation.  The  present  members  of  said  board  shall 
continue  to  serve  for  their  unexpired  terms;  but  their  successors  shall 
be  appointed,  and  vacancies  in  said  board  shall  be  filled,  by  the  presi¬ 
dent  of  the  city  commission,  with  the  consent  of  said  commission 
entered  upon  its  journal. 

Civil  Service. 

Section  24.  The  civil  service  commission  as  now  organized  and 
existing  shall  continue;  and  the  civil  service  of  the  city,  and  such 
commission,  and  all  matters  pertaining  thereto  shall  be  governed  by 
the  general  laws  of  the  state  in  effect  January  1st,  1914,  or  thereafter 
enacted,  which  are  applicable  thereto.  The  present  members  of  said 
board  shall  continue  to  serve  for  their  unexpired  terms;  but  successors 
to  present  members  shall  be  appointed  and  vacancies  in  said  board 
shall  be  filled  by  the  city  commission,  and  the  members  of  the  civil 
service  commission  shall  serve  without  pecuniary  compensation. 

Other  Boards  and  Departments. 

Section  25.  All  other  administrative  departments  in  existence 
January  1st,  1914,  shall  continue  until  otherwise  provided  by  the 
city  commission,  and  all  administrative  boards  in  charge  of  any  ad¬ 
ministrative  department  of  the  city  shall  continue  in  office,  and'  their 
successors  shall  be  appointed  as  heretofore,  excepting  as  other  pro¬ 
vision  is  made  in  this  charter,  or  may  hereafter  be  made  by  the  city 
commission. 

Excepting  the  officers,  boards,  commissions  and  departments 
hereinbefore  specially  mentioned  and  provided  for,  the  city  commis¬ 
sion  shall  have  power  to  establish,  create,  combine  or  abolish  offices, 
boards,  departments  or  divisions  when  in  its  opinion  the  proper  ad¬ 
ministration  of  the  business  of  the  city  so  requires. 

Advisory  Boards. 

Section  26.  The  city  commission  at  any  time  may  appoint  an 
advisory  board  or  boards  composed  of  citizens  qualified!  to  act  in  an 


Page  Fourteen 


CHARTER  OF  THE  CITY  OF  SPRINGFIEED,  OHIO 


advisory  capacity  to  the  city  commission,  the  city  manager  or  the 
head  of  any  department,  with  respect  to  the  conduct  and  management 
of  any  property,  institution  or  public  function  of  the  city.  The  mem¬ 
bers  of  any  such  board  shall  serve  without  compensation  for  a  time 
fixed  in  their  appointment,  or  at  the  pleasure  of  the  commission;  and 
their  duty  shall  be  to  consult  and  advise  with  such  municipal  officers 
and  make  written  recommendations  which  shall  become  part  of  the 
records  of  the  city. 

Salaries  and  Bonds. 

Section  27.  The  city  commission  shall  fix  by  ordinance  the  salary 
or  rate  of  compensation  of  all  officers  and  employes  of  the  city  en¬ 
titled  to  compensation,  other  than  their  own;  and  may  require  any 
officer  or  employe  to  give  a  bond  for  the  faithful  performance  of  his 
duty,  in  such  an  amount  as  it  may  determine,  and  it  may  provide  that 
the  premium  thereof  shall  be  paid  by  the  city. 

General  Disqualifications. 

Section  28.  No  member  of  the  city  commission,  the  city  manager 
or  any  other  officer  or  employe  of  the  city,  shall  directly  or  indirectly 
be  interested  in  any  contract,  job,  work  or  service  with  or  for  the  city; 
nor  in  the  profits  or  emoluments  thereof,  nor  in  the  expenditure  of 
any  money  on  the  part  of  the  city  other  than  his  fixed  compensation; 
and  any  contract  with  the  city  in  which  any  such  officer  or  employe 
is,  or  becomes,  interested  may  be  declared  void  by  the  city  commission. 

No  member  of  the  city  commission,  the  city  manager  or  other 
officer  or  employe  of  the  city  shall  knowingly  accept  any  gift,  frank, 
free  ticket,  pass,  reduced  price  or  reduced  rate  of  service  from  any 
person,  firm  or  corporation  operating  a  public  utility  or  engaged  in 
business  of  a  public  nature  within  the  city,  or  from  any  person  known 
to  him  to  have,  or  to  be  endeavoring  to  secure,  a  contract  with  the 
city.  But  the  provisions  of  this  section  shall  not  apply  to  the  trans¬ 
portation  of  policemen  or  firemen  in  uniform  or  wearing  their  of¬ 
ficial  badges,  when  the  same  is,  or  may  be,  provided  by  ordinance. 

Political  Activity. 

Section  29.  Neither  the  city  nlanager,  nor  any  person  in  the 
employ  of  the  city  under  him  shall  take  any  active  part  in  securing,  or 
contribute  any  money  toward,  the  nomination  or  election  of  any  can¬ 
didate  or  candidates  for  the  office  of  city  commissioner,  excepting  to 
answer  such  questions  as  may  be  put  to  him  and  as  he  may  desire  to 
answer. 


Page  Fifteen 


CHARTER  OF  THE  CITY  OF  SPRING FIERD,  OHIO 


Penalties. 

Section  30.  The  provisions  of  the  two  last  preceding  sections 
shall  not  be  considered  exclusive,  but  as  in  addition  to  any  other  pro¬ 
visions  of  the  general  law  of  the  state  applicable  to  the  case;  and  a 
violation  of  any  provisions  of  either  of  such  sections  shall  subject  the 
offender  to  removal  from  his  office  or  employment,  and  to  punishment 
by  a  fine  of  not  exceeding  one  hundred  dollars. 

APPROPRIATIONS 

The  Estimate. 

Section  31.  The  fiscal  year  of  the  city  shall  begin  on  the  first 
day  of  January.  On  or  before  the  first  day  of  November  of  each 
year  the  city  manager  shall  submit  to  the  city  commission  an  estimate 
of  the  expenditures  and  revenues  of  the  city  departments  for  the  en¬ 
suing  year.  This  estimate  shall  be  compiled  from  detailed  informa¬ 
tion  obtained  from  the  several  departments  on  uniform  blanks  to  be 
furnished  by  the  city  Manager.  The  classification  of  the  estimate  of 
expenditures  shall  be  as  nearly  uniform  as  possible  for  the  main  func¬ 
tional  divisions  of  all  departments,  and  shall  give  in  parallel  columns 
the  following  information: 

(a)  A  detailed  estimate  of  the  expense  of  conducting  each  de¬ 
partment  as  submitted  by  the  department. 

(b)  Expenditures  for  corresponding  items  for  the  last  two  fiscal 
years. 

(c)  Expenditures  for  corresponding  items  for  the  current  fiscal 
year,  including  adjustments  due  to  transfers  between  appropriations 
plus  an  estimate  of  expenditures  necessary  to  complete  the  current 
fiscal  year. 

(d)  Amount  of  supplies  and  material  on  hand  at  the  date  of 
the  preparation  of  the  invoice. 

(e)  Iilcrease  or  decrease  of  requests  compared  with  the  corre¬ 
sponding  appropriations  for  the  current  year. 

(f)  Such  other  information  as  is  required  by  the  city  commis¬ 
sion  or  that  the  city  manager  may  deem  advisable  to  submit. 

(g)  The  recommendation  of  the  city  manager  as  to  the  amounts 
to  be  appropriated  with  reasons  therefor  in  such  detail  as  the  city 
commission  may  direct. 

Sufficient  copies  of  such  estimate  shall  be  prepared  and  submit¬ 
ted,  that  there  may  be  copies  on  file  in  the  office  of  the  city  com¬ 
mission  for  inspection  by  the  public. 

Appropriation  Ordinance. 

Section  32.  Upon  receipt  of  such  estimate  the  city  commission 
shall  prepare  ah  appropriation  ordinance  but  before  finally  acting 
upon  such  tentative  appropriation  the  city  commission  shall  fix  a 


Page  Sixteen 


CHARTER  OF  THE  CITY  OF  SPRINGFIEED,  OHIO 


time  and  place  for  holding  a  public  hearing  upon  the  tentative  appro¬ 
priation,  and  shall  give  public  notice  of  such  hearing.  The  city  com¬ 
mission  shall  not  pass  the  appropriation  ordinance  until  ten  days  after 
such  public  hearing. 

Transfer  of  Funds. 

Section  33.  Upon  request  of  the  city  manager  the  city  commis¬ 
sion  may  transfer  any  part  of  an  unencumbered  balance  of  an  appro¬ 
priation  to  a  purpose  or  object  for  which  the  appropriation  for  the 
current  year  has  proved  insufficient,  or  may  authorize  a  transfer  to 
be  made  between  items  appropriated  to  the  same  office  or  department. 

Unencumbered  Balances. 

Section  34.  At  the  close  of  each  fiscal  year  the  unencumbered 
balance  of  each  appropriation  shall  revert  to  the  respective  fund  from 
which  it  was  appropriated  and  shall  be  subject  to  future  appropria¬ 
tion.  Any  accruing  revenue  of  the  city,  not  appropriated  as  herein¬ 
before  provided,  and  any  balances  at  any  time  remaining  after  the 
purposes  of  the  appropriation  shall  have  been  satisfied  or  abandoned, 
may  from  time  to  time  be  appropriated  by  the  city  commission  to 
such  uses  as  will  not  conflict  with  any  uses  for  which  specifically  such 
revenues  accrued.  No  money  shall  be  drawn  from  the  treasury  of  the 
city,  nor  shall  any  obligation  for  the  expenditure  of  money  be-  incur¬ 
red,  except  pursuant  to  the  appropriations  made  by  the  city  commis¬ 
sion,  but  nothing  in  this  or  the  preceding  section  shall  be  construed  to 
authorize  the  application  of  revenue  derived  from  a  public  utility  of 
the  city  to  any  other  purpose  than  that  of  the  utility  from  which  the 
same  was  derived. 

PAYMENTS— REPORTS 

Payment  of  Claims. 

Section  35.  No  warrant  for  the  payment  of  any  claim  shall  be 
issued  by  the  city  auditor  until  such  claim  shall  have  been '  approved 
by  the  head  of  the  department  for  which  the  indebtedness  was  incur¬ 
red  and  by  the  city  manager,  and  such  officers  and  their  sureties  shall 
be  liable  to  the  municipality  for  all  loss  or  damage  sustained  by  the 
municipality  by  • reason  of  the  corrupt  approval  of  any  such  claim 
against  the  municipality.  Whenever  any  claim  shall  be  presented  to 
the  city  auditor  he  shall  have  power  to  require  evidence  that  the 
amount  claimed  is  justly  due  and  is  in  conformity  to  law  and  ordi¬ 
nance,  and  for  that  purpose  he  may  summon  before  him  any  officer, 
agent,  or  employe,  of  any  department  of  the  municipality,  or  any  other 
person,  and  examine  him  upon  oath  or  affirmation  relative  thereto. 


Page  Seventeen 


CHARTER  OF  THE  CITY  OF  SPRINGFIELD,  OHIO 


Certification  of  Funds. 

Section  36.  No  contract,  agreement  or  other  obligation  involv¬ 
ing  the  expenditure  of  money  shall  be  entered  into,  nor  shall  any  ordi¬ 
nance,  resolution  or  order  for  the  expenditure  of  money  be  passed  by 
the  city  commission,  or  be  authorized  by  any  officer  of  the  city,  unless 
the  city  auditor  shall  first  certify  to  the  city  commission  or  to  the 
proper  officer,  as  the  case  may  be,  that  the  money  required  for  such 
contract,  agreement,  obligation  or  expenditure,  is  in  the  treasury,  to 
the  credit  of  the  fund  from  which  it  is  to  be  drawn,  and  not  appro¬ 
priated  for  any  other  purpose,  which  certificate  shall  be  filed  and 
immediately  recorded.  The  sum  so  certified  shall  not  thereafter  be 
considered  unappropriated  until  the  city  is  discharged  from  the  con¬ 
tract,  agreement  or  obligation.  The  provisions  of  this  section  shall 
not  apply  to  contracts  or  proceedings  relating  to  improvements  any 
part  of  the  cost  of  which  is  to  be  paid  by  special  assessments. 

Money  in  the  Fund. 

Section  37.  All  moneys  actually  in  the  treasury  to  the  credit  of 
the  fund  from  which  they  are  to  be  drawn,  and  all  moneys  applicable 
to  the  payment  of  the  obligation  or  appropriation  involved  that  are 
anticipated  to  come  into  the  treasury  before  the  maturity  of  such  con¬ 
tract,  agreement,  or  obligation,  from  taxes,  assessments,  or  license 
fees,  or  from  sales  of  services,  products  or  by-products  of  any  city 
undertaking,  and  moneys  to  be  derived  from  lawfully  authorized  bonds 
sold  and  in  process  of  delivery,  for  the  purposes  of  such  certificate 
shall  be  deemed  in  the  treasury  to  the  credit  of  the  appropriate  fund 
and  shall  be  subject  to  such  certification. 

Financial  Reports. 

Section  38.  The  city  commission  shall  have  furnished  them  a 
monthly  balance  showing  in  detail  all  receipts  and  expenditures  of  the 
city  for  the  preceding  month;  and  the  aggregate  receipts  and  expen¬ 
ditures  of  each  department  shall  be  published  by  the  city  commission 
in  such  manner  as  to  provide  fully  publicity.  At  the  end  of  each  year 
the  city  commission  shall  have  printed  an  annual  report,  in  pamphlet 
form,  giving  a  classified  statement  of  all  receipts,  expenditures,  assets 
and  liabilities  of  the  city;  a  detailed  comparison  of  such  receipts  and 
expenditures  with  those  of  the  year  preceding;  a  summary  of  the  city 
commission  proceedings  and  summary  of  the  operations  of  the  ad¬ 
ministrative  departments  for  the  previous  twelve  months.  A  copy  of 
this  report  shall  be  furnished  the  state  bureau  of  accounting, "  the 
public  library  and  to  any  citizen  of  the  city  who  may  apply  therefor 
at  the  office  of  the  clerk  of  the  city  commission. 


Page  Eighteen 


CHARTER  OF  THE  CITY  OF  SPRINGFIELD,  OHIO 


IMPROVEMENTS— CONTRACTS 
Limitation  of  Assessments. 

Sections  39.  In  levying  special  assessments  to  pay  any  part  of 
the  cost  of  any  public  work  or  improvement,  the  city  commission  shall 
not  exceed  any  limitation  as  to  the  amount  thereof  which  may  be 
prescribed  by  the  general  laws  of  the  state  applicable  to  municipali¬ 
ties  and!  in  force  at  the  time  it  is  determined  by  the  city  commission 
that  any  such  work  shall  be  done  or  improvement  made.  Unless  for 
special  reasons  which  shall  be  stated  in  the  ordinance  levying  an 
assessment  or  providing  for  the  issue  of  bonds  to  pay  any  part  of  the 
cost  of  any  such  improvement  to  be  made  pursuant  to  contract,  no 
such  ordinance  shall  be  passed,  or  assessment  levied  or  money  bor¬ 
rowed,  until  bids  for  the  labor  and  material  have  been  received  and 
the  approximate  cost  of  the  improvement  accurately  determined. 

Improvements  by  Direct  Labor. 

Section  40.  Nothing  in  the  preceding  section  shall  be  construed 
to  prohibit  the  city  commission  from  doing  any  public  work  or  making 
any  public  improvement  by  the  direct  employment  of  the  necessary 
labor  and  the  purchase  of  the  necessary  supplies  and  materials,  with 
separate  accounting  as  to  each  improvement  so  made,  but  the  city 
commission  may  upon  so  declaring  by  ordinance  or  resolution  cause 
any  public  work  or  improvement  to  be  done  or  made  in  such  manner. 

Sewer,  Water  and  Gas  Connections. 

Section  41.  Before  paving  or  otherwise  surfacing  or  resurfacing 
any  street  or  alley  of  the  city  the  city  commission  shall  determine  the 
time  within  which  sewer,  water,  gas  or  other  connections  shall  be 
constructed,  and  shall  give  notice  thereof  to  the  persons  or  corpora¬ 
tions  required  to  make  the  same,  and  if  a  person  or  corporation  fails 
to  make  any  such  connection  when  so  required  no  permission  to  make 
the  same  shall  thereafter  be  granted  within  five  years  from  the  com¬ 
pletion  of  any  such  street  improvement  unless  with  the  consent  of 
four  of  the  commissioners  expressed  by  resolution  adopted  at  a  regu¬ 
lar  meeting  of  the  commission  and  stating  the  reasons  therefor. 
Nothing  herein  shall  be  construed  to  prohibit  the  city  commission 
from  providing  that  such  connections  may  be  made  by  the  city  and 
the  cost  thereof  assessed  against  the  lots  and  lands  specially  benefited 
thereby. 

Expenditures  in  Excess  of  $1000. 

Section  42.  When  an  expenditure,  other  than  the  compensation 
of  persons  employed  by  the  city,  exceeds  one  thousand  dollars,  such 
expenditure  shall  first  be  authorized  and  directed  by  ordinance  of  the 


Page  Nineteen 


CHARTER  OF  THE  CITY  OF  SPRINGFIELD,  OHIO 


city  commission,  and  no  contract  involving  an  expenditure  in  excess  of 
such  sum  shall  be  made  or  awarded  except  upon  the  approval  of  the 
city  manager  and  the  city  commission. 

Time  of  Making  Contracts. 

Section  43.  The  city  commission  shall  not  enter  into  any  con¬ 
tract  which  is  not  to  go  into  full  operation  during  the  term  for  which 
all  the  members  of  such  city  commission  are  elected. 

Modification  of  Contracts. 

Section  44.  When  it  becomes  necessary  in  the  opinion  of  the 
city  manager,  in  the  prosecution  of  any  work  or  improvement  under 
contract,  to  make  alteration  or  modifications  in  such  contract,  such 
alterations  or  modifications,  if  made,  shall  be  of  no  effect  until  the 
price  to  be  paid  for  the  work  and  material,  or  both,  under  the  altered 
or  modified  contract,  has  been  agreed  upon  in  writing  and  signed  by 
the  contractor  and  by  the  city  manager  and  approved  by  the  city 
commission. 

Bids  in  Excess  of  Estimate. 

Section  45.  In  no  instance  shall  contracts  be  let  either  as  a  whole, 
or  in  aggregate  if  bids  for  parts  of  the  work  are  taken,  which  exceed 
the  estimate  for  the  improvement  contemplated. 

Contracts — When  Void. 

Section  46.  All  contracts,  agreements  or  other  obligations  en¬ 
tered  into  and  all  ordinances  passes,  or  resolutions  and  orders  adopted, 
contrary  to  the  provisions  of  the  preceding  sections,  shall  be  void. 

ELECTIONS 

Time  of  Holding  Elections. 

Section  47.  Regular  municipal  elections  shall  be  held  on  the  first 
Tuesday  after  the  first  Monday  in  November  in  the  odd  numbered 
years.  Primary  elections  shall  be  held  at  the  time  provided  by  the 
general  election  laws  of  the  state.  Any  matter  which  by  the  terms 
of  the  charter  may  be  submitted  to  the  electors  of  the  city  at  any 
special  election  may  be  submitted  at  a  primary  election  or  at  a  regu¬ 
lar  municipal  election. 

Ballots. 

Section  48.  The  ballots  used  in  all  elections  provided  for  in  this 
charter  shall  be  without  party  marks  or  designations.  The  whole 
number  of  ballots  to  be  printed  for  any  primary  or  regular  election 
for  the  nomination  or  election  of  candidates  for  the  office  of  city  com¬ 
missioner  shall  be  divided  by  the  number  of  such  candidates,  and  the 
quotient  so  obtained  shall  be  the  number  of  ballots  in  each  series  of 


Page  Twenty 


CHARTER  OF  THE  CITY  OF  SPRINGFIEED,  OHIO 


ballots  to  be  printed.  The  names  'of  the  candidates  shall  be  arranged 
in  alphabetical  order  and  the  first  series  of  ballots  printed.  The  first 
name  shall  then  be  placed  last  and  the  next  series  of  ballots  printed, 
and  this  process  shall  be  repeated  until  each  name  shall  have  been 
first.  These  ballots  shall  then  be  combined  into  tablets  with  no  two 
of  the  same  order  of  names  together.  The  ballots  shall  in  alf  other 
respects  conform  as  nearly  as  may  be  to  the  ballots  prescribed  by  the 
general  election  laws  of  the  state. 

Petitions  for  Place  on  Primary  Ballot. 

Section  49.  Candidates  for  the  office  of  city  commissioner  shall 
be  nominated  only  by  a  non-partisan  primary  election.  The  name  of 
any  elector  of  the  city  shall  be  printed  upon  the  primary  ballot  if  there 
is  filed  with  the  election  authorities  a  petition  in  accordance  with  the 
following  provisions,  to-wit: 

(a)  Such  petitions  shall  state  the  name  and  place  of  residence 
of  each  person  whose  name  is  presented  for  a  place  upon  the  ballot 
and  that  he  is  a  candidate  for  the  office  of  City  Commissioner  for  the 
City  of  Springfield,  Ohio. 

(b)  Such  petitions  shall  be  signed  by  electors  of  the  munici¬ 
pality  equal  in  number  to  two  per  cent  of  the  total  number  of  regis¬ 
tered  voters  in  the  city. 

(c)  Such  petitions  shall  contain  a  provision  that  each  signer 
thereto  thereby  pledges  himself  to  support  and  vote  for  the  candidate 
or  candidates  whose  names  are  therein  presented  for  a  place  upon  the 
ballot,  and  each  elector  signing  a  petition  shall  add  to  his  signature 
his  place  of  residence,  with  street  and  number,  voting  precinct,  and 
date  of  signing,  and  may  subscribe  to  one  nomination  for  each  of  the 
places  to  be  filled  and  no  more.  All  signatures  shall  be  made  with 
ink  or  indelible  pencil. 

(d)  The  signatures  of  all  the  petitioners  need  not  be  appended 
to  one  paper,  but  to  each  separate  paper  there  shall  be  attached  an 
affidavit  of  the  circulator  thereof  stating  the  number  of  signers  there¬ 
to,  that  each  person  signed  in  his  presence  on  the  date  mentioned,  and 
that  the  signature  is  that  of  the  person  whose  name  it  purports  to  be. 

(e)  Such  petitions  shall  not  be  signed  by  any  elector  more  than 
fifty  days  prior  to  the  day  of  such  primary  election  and  such  petition 
shall  be  filed  with  the  election  authorities  not  less  than  thirty  days 
previous  to  the  day  of  such  election. 

Acceptance. 

Section  50.  Any  person  whose  name  has  been  submitted  for 
candidacy  by  any  such  petition  shall  file  his  acceptance  of  such  can¬ 
didacy  with  the  election  authorities  not  later  than  twenty -five  days 
previous  to  such  election;  otherwise  his  name  shall  not  appear  upon 
the  ballot. 


Page  Twenty-One 


CHARTER  OF  THE  CITY  OF  SPRINGFIELD,  OHIO 


Election. 

Section  51.  The  candidates  for  nomination  to  the  office  of  city 
commissioner  who  shall  receive  the  greatest  vote  in  such  primary 
election  shall  be  placed  on  the  ballot  at  the  next  regular  municipal 
election  in  number  not  to  exceed  twice  the  number  of  vacancies  in  the 
city  commission  to  be  filled,  and  the  candidates  at  the  regular  munici¬ 
pal  election,  equal  in  number  to  the  places  to  be  filled,  who  shall  re¬ 
ceive  the  highest  number  of  votes  at  such  regular  municipal  election, 
shall  be  declared  elected.  A  tie  between  two  or  more  candidates  for 
the  office  of  city  commissioner  shall  be  decided  by  lot  under  the  direc¬ 
tion  of  the  election  authorities,  as  provided  by  the  general  election 
laws  of  the  state. 

General  Laws  to  Apply. 

Section  52.  All  elections  shall  be  conducted,  and  the  results 
canvassed  and  certified,  by  the  election  authorities  prescribed  by 
general  election  laws,  and,  except  as  otherwise  provided  by  this 
charter  or  by  ordinances  or  resolutions  of  the  city  commission  here¬ 
after  enacted,  the  general  election  laws  shall  control  in  all  such 
elections. 

THE  INITIATIVE 

Proposed  Petition. 

Section  53.  Any  proposed  ordinances,  including  ordinances  for 
the  repeal  or  amendment  of  an  ordinance  then  in  effect,  may  be  sub¬ 
mitted  to  the  city  commission  by  petition  signed  by  at  least  five  per 
cent  of  the  total  number  of  registered  voters  in  the  municipality.  All 
petitions  circulated  with  respect  to  any  proposed  ordinance  shall  be 
uniform  in  character,  shall  contain  the  proposed  ordinance  in  full,  and 
shall  have  printed  or  written  thereon  the  names  and  addresses  of  at 
least  five  electors  who  shall  be  officially  regarded  as  filing  the  peti¬ 
tion  and  shall  constitute  a  committee  of  the  petitioners  for  the  purpose 
hereinafter  named. 

Each  signer  of  a  petition  shall  sign  his  name  in  ink  or  indelible 
pencil  and  shall  place  on  the  petition,  opposite  his  name,  the  date  of 
his  signature  and  his  place  of  residence  by  voting  precinct  and  by 
street  and  number.  The  signatures  to  any  such  petition  need  not  all 
be  appended  to  one  paper,  but  to  each  such  paper  there  shall  be  at¬ 
tached  an  affidavit  by  the  circulator  thereof,  stating  the  number  of 
signers  to  such  part  of  the  petition  and  that  each  signature  appended 
to  the  paper  is  the  genuine  signature  of  the  person  whose  name  it 
purports  to  be,  and  that  it  was  made  in  the  presence  of  the  affiant 
and  on  the  date  indicated. 


Page  Twenty-Two 


CHARTER  OF  THE  CITY  OF  SPRINGFIELD,  OHIO 


Time  of  Filing. 

Section  54.  All  papers  comprising  a  petition  shall  be  assembled 
and  filed  with  the  clerk  of  the  city  commission  as  one  instrument, 
within  one  hundred  and  twenty  days  from  the  date  of  the  first  signa¬ 
ture  thereon,  and  when  so  filed,  the  clerk  shall  submit  the  same  to  the 
city  commission  at  its  next  regular  meeting  and  provision  shall  be 
made  for  public  hearings  upon  the  proposed  ordinance. 

Petition  for  Election. 

Section  55.  The  city  commission  shall  at  once  proceed  to  con¬ 
sider  such  petition  and  shall  take  final  action  thereon  within  thirty 
days  from  the  date  of  submission.  If  the  city  commission  rejects  the 
proposed  ordinance,  or  passes  it  in  a  different  form  from  that  set 
forth  in  the  petition,  or  fails  to  act  finally  upon  it  within  the  time 
stated,  the  committee  of  the  petitioners,  by  written  demand  filed  with 
the  clerk  of  the  city  commission  not  later  than  twenty  days  after 
final  action  or  inaction  by  the  city  commission,  may  require  that  the 
proposed  ordinance  be  submitted  to  a  vote  of  the  electors  in  its  origi¬ 
nal  form,  if,  with  or  prior  to  such  demand,  a  petition  for  such  election, 
signed  after  the  final  action  or  inaction  of  the  city  commission,  is  filed 
with  such  clerk  bearing  additional  signatures  of  five  per  cent  of  the 
electors  of  the  city,  none  of  whom  were  signers  of  the  first  petition. 
Such  clerk  shall  forthwith  cause  notice  of  the  filing  of  such  demand 
and  petition  to  be  published  in  some  newspaper  of  general  circulation 
in  the  city,  and  shall  also  within  five  days  certify  to  the  officers 
having  control  of  elections  the  proposed  ordinance,  stating  whether 
or  not  a  special  election  is  demanded  in  the  petitions,  the  percentage 
of  registered  voters  who  signed  the  two  petitions  in  the  aggregate, 
and  the  date  on  which  he  published  the  notice  last  mentioned. 

Time  of  Holding  Election. 

Section  56.  If  an  election  is  to  be  held  not  more  than  three 
months  nor  less  than  thirty  days  after  the  publication  of  such  notice 
by  the  clerk,  such  proposed  ordinance  shall  be  submitted  to  a  vote  of 
the  electors  at  such  election.  If  no  election  is  to  be  held  within  the 
time  aforesaid,  the  election  officers  shall  provide  for  submitting  the 
proposed  ordinance  to  the  electors  at  a  special  election  to  be  held  not 
later  than  sixty  days  nor  earlier  than  thirty  days  after  the  publica¬ 
tion  of  such  notice,  if  the  petition  for  such  ordinance  and  the  petition 
for  such  election  so  demand,  and  if  the  signers  of  the  two  petitions 
amount  in  the  aggregate  to  at  least  twenty-five  per  cent  of  the  reg¬ 
istered  voters  of  the  city;  otherwise  the  same  shall  be  submitted  at 
the  next  regular  or  special  election.  At  least  ten  days  before  any 
such  election  the  clerk  of  the  city  commission  shall  cause  such  pro¬ 
posed  ordinance  to  be  published. 


Page  Twenty- Three 


CHARTER  OF  THE  CITY  OF  SPRINGFIELD,  OHIO 


Ballots 

Section  57.  The  ballots  used  when  voting  upon  any  such  pro¬ 
posed  ordinance  shall  state  the  title  of  the  ordinance  to  be  voted  on 
and  below  it  the  two  propositions,  “For  the  Ordinance”  and  “Against 
the  Ordinance.”  Immediately  at  the  left  of  each  proposition  there 
shall  be  a  square  in  which  by  making  a  cross  (X),  the  voter  may  vote 
for  or  against  the  proposed  ordinance.  If  a  majority  of  the  electors 
voting  on  any  such  proposed  ordinance  shall  vote  in  favor  thereof,  it 
shall  thereupon  become  an  ordinance  of  the  city. 

Duty  of  City  Solicitor. 

Section  58.  Before  any  ordinance  so  proposed  shall  be  submit¬ 
ted  to  the  city  commission,  it  shall  first  be  approved  as  to  its  form 
by  the  city  solicitor,  whose  duty  it  shall  be  to  draft  such  proposed 
ordinance  in  proper  legal  language,  and  to  render  such  other  service 
to  persons  desiring  to  propose  such  ordinance  as  shall  be  necessary  to 
make  the  same  proper  for  consideration  by  the  city  commission. 

Amendments  and  Repeals. 

Section  59.  No  ordinance  adopted  by  an  electoral  vote  can  be  re¬ 
pealed  or  amended  except  by  an  electoral  vote.  But  an  ordinance  to 
repeal  or  amend  any  such  ordinance  may,  by  resolution  of  the  city 
commission,  be  submitted  to  an  electoral  vote  at  any  regular  election, 
or  at  any  special  municipal  election  called  for  some  other  purpose, 
provided  notice  of  the  intention  so  to  do  be  published  by  the  city  com¬ 
mission  not  more  than  sixty  nor  less  than  thirty  days  prior  to  such 
election,  in  the  manner  required  for  the  publication  of  ordinances. 
If  an  amendment  is  so  proposed,  such  notice  shall  contain  the  pro¬ 
posed  amendment  in  full.  Such  submission  shall  be  in  the  same  man¬ 
ner,  and  the  vote  shall  have  the  same  effect,  as  in  cases  of  ordinances 
submitted  to  an  election  by  popular  petition. 

THE  REFERENDUM 
Petition  for  Referendum. 

Section  60.  No  ordinance  passed  by  the  city  commission,  unless 
it  be  an  emergency  measure  or  the  annual  appropriation  ordinance, 
shall  go  into  effect  until  thirty  days  after  its  final  passage.  If,  at  any 
time  within  said  thirty  days,  a  petition  signed  by  fifteen  per  cent  of 
the  total  number  of  registered  voters  in  the  municipality  be  filed  with 
the  clerk  of  the  city  commission,  requesting  that  any  such  ordinance 
be  repealed  or  amended  as  stated  in  the  petition,  it  shall  not  become 
operative  until  the  steps  indicated  herein  have  been  taken.  Such 
petition  shall  have  stated  therein  the  names  and  addresses  of  at  least 
five  electors  as  a  committee  to  represent  the  petitioners. 


Pag©  Twenty-Four 


CHARTER  OF  THE  CITY  OF  SPRINGFIEED,  OHIO 


Referendum  petitions  need  not  contain  the  text  of  the  ordinance 
or  ordinances  the  repeal  of  which  is  sought;  but  shall  contain  the 
proposed  amendment,  if  an  amendment  is  demanded,  and  shall  be 
subject  in  all  other  respects  to  the  requirements  for  petitions  submit¬ 
ting  proposed  ordinances  to  the  city  commission.  Ballots  used  in 
referendum  elections  shall  conform  in  all  respects  to  those  provided 
for  in  section  fifty-seven  of  this  charter. 

Proceedings  Thereunder. 

Section  61.  The  clerk  of  the  city  commission  shall,  at  its  next 
meeting,  present  the  petition  to  the  city  commission,  which  shall  pro¬ 
ceed  to  reconsider  the  ordinance.  If,  within  thirty  days  after  the 
filing  of  such  petition,  the  ordinance  be  not  repealed  or  amended  as 
requested,  the  city  commission  shall  provide  for  submitting  the  pro¬ 
posed  repeal  or  amendment  to  a  vote  of  the  electors,  provided  a 
majority  of  the  committee  named  in  the  petition  to  represent  the 
petitioners  shall,  by  writing  filed  with  the  clerk  of  the  city  commis¬ 
sion  within  twenty  days  after  the  expiration  of  the  said  thirty  days, 
so  require.  In  so  doing  the  city  commission  shall  be  governed  by  the 
provisions  of  section  fifty-six  hereof  respecting  the  time  of  submis¬ 
sion  and  the  manner  of  voting  on  ordinances  proposed  to  the  city 
commision  by  petition;  excepting  that  the  question  of  calling  a  special 
election  for  such  purpose  shall  be  determined  by  the  demand  and 
number  of  signers  of  the  petition  requesting  the  repeal  or  amendment 
of  such  ordinance,  which  number  shall  be  twenty-five  per  cent  of 
registered  voters;  and  excepting  further  that  the  city  commission  may 
call,  and  fix  the  time  for,  a  special  election  for  such  purpose,  if  in  its 
judgment  the  public  interest  will  be  prejudiced  by  delay. 

If,  when  submitted  to  a  vote  of  the  electors,  such  repeal  or 
amendment  be  approved  by  a  majority  of  those  voting  thereon,  it 
shall  thereupon  go  into  effect  as  an  ordinance  of  the  city;  but  if  any 
such  amendment  is  clearly  separable  from  the  remainder  of  the  ordi¬ 
nance  and  does  not  materially  affect  the  other  provisions  of  such 
ordinance,  all  sections  of  the  ordinance  except  that  sought  to  be 
amended  and  those  dependent  thereon  shall  take  effect  as  though  no 
referendum  of  any  portion  of  the  ordinance  had  been  demanded. 

Referendum  on  Initiated  Ordinances — Conflict. 

Section  62.  Ordinances  submitted  to  the  city  commission  by  ini¬ 
tiative  petition  and  passed  by  the  city  commission  without  change, 
or  passed  in  an  amended  form  and  not  required  to  be  submitted  to  a 
vote  of  the  electors  by  the  committee  of  the  petitioners,  shall  be 
subject  to  the  referendum  in  the  same  manner  as  other  ordinances.  If 
the  provisions  of  two  or  more  ordinances  adopted  or  approved  at  the 
same  election  conflict,  the  ordinance  receiving  the  highest  affirmative 
vote  shall  prevail. 

Page  Twenty-Five 


CHARTER  OF  THE  CITY  OF  SPRIN GFIEED,  OHIO 


Emergency  Measures. 

Section  63.  Ordinances  passed  as  emergency  measures  shall  be 
subject  to  referendum  in  like  manner  as  other  ordinances,  except  that 
they  shall  go  into  effect  at  the  time  indicated  in  such  ordinances.  If, 
when  submitted  to  a  vote  of  the  electors,  an  emergency  measure  be 
not  approved  by  a  majority  of  those  voting  thereon  it  shall  be  con¬ 
sidered  repealed  as  regards  any  further  action  thereunder;  but  such 
measure  so  repealed  shall  be  deemed  sufficient  authority  for  pay¬ 
ment  in  accordance  with  the  ordinance  of  any  expense  incurred 
previous  to  the  referendum  vote  thereon. 

Preliminary  Action. 

Section  64.  In  case  a  petition  be  filed  requiring  that  a  measure 
passed  by  the  city  commission  providing  for  an  expenditure  of  money, 
a  bond  issue,  or  a  public  improvement  be  submitted  to  a  vote  of  the 
electors,  all  steps  preliminary  to  such  actual  expenditure,  actual  issu¬ 
ance  of  bonds,  or  actual  execution  of  a  contract  for  such  improvement, 
may  be  taken  prior  to  the  election. 

THE  RECALL 

Recall  Petition. 

Section  65.  Any  or  all  members  of  the  city  commission  may  be 
removed  from  office  by  the  electors  by  the  following  procedure. 

A  petition  for  the  recall  of  the  commissioner  or  commissioners 
designated,  signed  by  at  least  five  hundred  of  the  electors  of  the 
city,  and  containing  a  statement  in  not  more  than  two  hundred  words 
of  the  grounds  of  the  recall  , shall  be  filed  with  the  city  auditor,  who 
shall  forthwith  notify  the  commission  or  commissioners  sought  to 
be  removed,  and  he  or  they,  within  five  days  after  such  notice,  may 
file  with  such  auditor  a  defensive  statement  in  not  exceeding  two 
hundred  words.  The  city  auditor  shall  at  once  upon  the  expiration  of 
said  five  days  cause  sufficient  printed  or  typewritten  copies  of  such 
petition,  without  the  signatures,  to  be  made,  and  to  each  of  them  he 
shall  attach  a  printed  or  typewritten  copy  of  such  defensive  state¬ 
ment,  if  one  is  furnished  him  within  the  time  provided.  He  shall 
cause  one  copy  of  such  petition  to  be  placed  on  file  in  his  office,  and 
provide  facilities  for  there  signing  the  same,  and  he  shall  also  cause 
one  copy  to  be  placed  in  each  of  the  several  fire  engine  houses  of  the 
city,  where  the  same  shall  be  in  the  custody  of  the  captain  of  the 
house,  who  shall  provide  facilities  for  there  signing  the  same.  The 
city  auditor  shall  immediately  cause  notice  to  be  published  in  some 
newspaper  of  general  circulation  in  the  city  of  the  placing  of  such 
copies  of  such  petition. 

Such  copies  of  such  petition  shall  remain  on  file  in  the  several 
places  designated  for  the  period  of  thirty  days,  during  which  time 
any  of  them  may  be  signed  by  any  elector  of  the  city  in  person;  but 


Page  Twenty-Six 


CHARTEK  OF  THE  CITY  OF  SPRINGFIELD,  OHIO 


not  by  agent  or  attorney.  Each  signer  of  any  of  such  copies  shall 
sign  his  name  in  ink  or  indelibile  pencil,  and  shall  place  thereafter  his 
residence  by  voting  precinct,  and  by  street  and  number. 

Notice. 

Section  66.  At  the  expiration  of  said  period  of  thirty  days  the 
city  auditor  shall  assemble  all  of  said  copies  in  his  office  as  one  in¬ 
strument,  and  shall  examine  the  same  and  ascertain  and  certify  there¬ 
on  whether  the  signatures  thereto  amount  to  at  least  fifteen  per  cent 
of  the  registered  voters  of  the  city.  If  such  signatures  do  amount  to 
such  per  cent,  he  shall  at  once  serve  notice  of  that  fact  upon  the  com¬ 
missioner  or  commissioners  designated  in  the  petition,  and  also  de¬ 
liver  to  the  election  authorities  a  copy  of  the  original  petition  with  his 
certificate  as  to  the  percentage  of  registered  voters  who  signed  the 
same,  and  a  certificate  as  to  the  date  of  his  last  mentioned  notice  to 
the  commissioner  or  commissioners  designated  in  the  petition. 

Recall  Election. 

Section  67.  If  the  commissioner  or  commissioners,  or  any  of 

them,  designated  in  the  petition,  file  with  the  clerk  of  the  city  com¬ 

mission  within  five  days  after  the  last  mentioned  notice  from  the  city 
auditor*,  his  or  their  written  resignation,  the  clerk  of  the  city  com¬ 
mission  shall  at  once  notify  the  election  authorities  of  that  fact;  and 
such  resignation  shall  be  irrevocable,  and  the  city  commission  shall 
proceed  to  fill  the  vacancy.  In  the  absence  of  any  such  resignation 
the  election  authorities  shall  forthwith  order  and  fix  a  day  for  holding 
a  recall  election  for  the  removal  of  those  not  resigning.  Any  such 

election  shall  be  held  not  less  than  thirty  nor  more  than  sixty  days 

after  the  expiration  of  the  period  of  five  days  last  mentioned,  and 
at  the  same  time  as  any  other  general  or  special  election  held  within 
such  period;  but  if  no  such  election  be  held  within  such  period  the 
election  authorities  shall  call  a  special  recall  election  to  be  held  within 
the  period  aforesaid. 

Ballots. 

Section  68.  The  ballots  at  such  recall  election  shall  conform  to 
the  following  requirements.  With  respect  to  each  person  whose 
removal  is  sought,  the  question  shall  be  submitted:  “Shall  (name  of 
person)  be  removed  from  the  office  of  City  Commissioner  by  recall  ?” 
Immediately  following  each  such  question  there  shall  be  printed  on 
the  ballots  the  two  propositions  in  the  order  here  set  forth: 

“For  the  recall  of  (name  of  person ).” 

“Against  the  recall  of  (name  of  person).” 

Immediately  to  the  left  of  each  of  the  propositions  shall  be  placed 
a  square  in  which  the  electors,  by  making  a  cross  mark  (X),  may  vote 
for  either  of  such  propositions. 

*Error  in  original  copy  reads  city  solicitor. 


Pagre  Twenty-Seven 


CHARTER  OF  THE  CITY  OF  SPRINGFIELD,  OHIO 


Filling  of  Vacancies. 

Section  69.  In  any  such  election,  if  a  majority  of  the  votes  cast 
on  the  question  of  removal  of  any  commissioner  are  affirmative,  the 
person  whose  removal  is  sought  shall  thereupon  be  deemed  removed 
from  office  upon  the  announcement  of  the  official  canvass  of  that 
election,  and  the  vacancy  caused  by  such  recall  shall  be  filled  by  the 
remainder  of  the  city  commission  according  to  the  provisions  of  sec¬ 
tion  four  of  this  charter. 

If,  however,  an  election  is  held  for  the  recall  of  more  than  two 
commissioners,  candidates  to  succeed  them  for  their  unexpired  terms 
shall  be  voted  upon  at  the  same  election,  and  shall  be  nominated  with¬ 
out  primary  election,  by  petitions  signed,  dated  and  verified  in  the 
manner  required  for  petitions  presenting  names  of  candidates  for 
nomination  at  a  primary  election,  and  similar  in  form  to  such  peti¬ 
tions,  but  signed  by  electors  equal  in  number  to  at  least  f(ive  per  cent 
of  the  registered  voters  of  the  city,  and  filed  with  the  election  authori¬ 
ties  at  least  thirty  days  prior  to  such  recall  election.  But  no  such 
nominating  petition  shall  be  signed  or  circulated  until  after  the  time 
has  expired  for  signing  the  copies  of  the  petition  for  the  recall,  and 
any  signatures  thereon  antedating  such  time  shall  not  be  counted. 
Counting  the  Vote. 

Section  70.  Candidates  shall  not  be  nominated  to  succeed  any 
particular  commissioner;  but  if  only  one  commissioner  is  removed  at 
such  election,  the  candidate  at  such  election  receiving  the  highest 
number  of  votes  shall  be  declared  elected  to  fill  the  vacancy;  and  if 
more  than  one  commissioner  is  removed  at  such  election,  such  candi¬ 
dates  equal  in  number  to  the  number  of  commissioners  removed  shall 
be  declared  elected  to  fill  the  vacancies;  and  among  the  successful 
candidates,  those  receiving  the  greater  number  of  votes  shall  be  de¬ 
clared  elected  for  the  longer  terms.  Cases  of  ties,  and  all  other  mat¬ 
ters  not  herein  specially  provided  for,  shall  be  determined  by  the  rules 
governing  elections  generally. 

Effect  of  Resignations. 

Section  71.  No  proceedings  for  the  recall  of  all  of  the  members 
of  the  city  commission  at  the  same  election  shall  be  defeated  in  whole 
or  in  part  by  the  resignation  of  any  or  all  of  them,  but  upon  the  res¬ 
ignation  of  any  of  them  the  city  commission  shall  have  power  to  fill 
the  vacancy  until  a  successor  is  elected,  and  the  proceedings  for  the 
recall  and  the  election  of  successors  shall  continue  and  have  the  same 
effect  as  though  there  had  been  no  resignation. 

Miscellaneous  Provisions. 

Section  72.  Except  as  herein  otherwise  provided,  no  petition  to 
recall  any  commissioner  shall  be  filed  within  six  months  after  he 
takes  office.  No  person  removed  by  recall  shall  be  eligible  to  be 


Page  Twenty-Eight 


CHARTER  OF  THE  CITY  OF  SPRINGFIEED,  OHIO 


elected  or  appointed  upon  or  for  a  period  of  two  years  after  the  date 
of  such  recall.  The  city  auditor  shall  preserve  in  his  office  all  papers 
comprising  or  connected  with  a  petition  for  a  recall  for  the  period  of 
one  year  after  the  same  were  filed.  The  method  of  removal  herein 
provided  is  in  addition  to  such  other  methods  as  are,  or  may  be  pro¬ 
vided  by  general  law. 

Offenses  Relating  to  Petitions. 

Section  73.  No  person  shall  falsely  impersonate  another,  or  pur¬ 
posely  write  his  name  or  residence  falsely,  in  the  signing  of  any  peti¬ 
tion  for  initiative,  referendum  or  recall,  or  forge  any  name  thereto, 
or  sign  any  such  paper  with  knowledge  that  he  is  not  a  qualified  elec¬ 
tor  of  the  city.  No  person  shall  sign,  or  knowingly  permit  to  be 
signed,  any  petition  for  recall  at  any  place  other  than  one  of  the 
places  hereinbefore  designated  for  the  signing  of  such  petitions.  Nor 
shall  any  person  employ  or  pay  another,  or  accept  employment  or 
payment,  for  circulating  any  initiative  or  referendum  petition  upon 
the  basis  of  the  number  of  signatures  procured  thereto.  Any  person 
violating  any  of  the  provisions  of  this  section  shall  be  deemed  guilty 
of  a  misdemeanor  and  shall,  upon  conviction,  be  fined  in  any  sum  not 
to  exceed  one  hundred  dollars  and  the  costs  of  prosecution.  The  fore¬ 
going  provisions  shall  not  be  held  to  be  exclusive  of,  but  in  addition 
to,  all  laws  of  the  state  prescribing  penalties  for  the  same  offenses  or 
for  other  offenses  relating  to  the  same  matter. 

FRANCHISES 

Grants  Limited. 

Section  74.  No  grant,  or  renewal  thereof,  to  construct  and  oper¬ 
ate  a  public  utility  in  the  streets  and  public  grounds  of  the  city  shall 
be  made  by  the  city  commission  to  any  individual,  company  or  corpor¬ 
ation  in  violation  of  any  of  the  limitations  contained  in  this  charter. 

Period  of  Grants. 

Section  75.  No  such  grant  shall  be  exclusive,  nor  shall  it  be 
made  for  a  longer  period  than  twenty  years.  No  such  grant  shall  be 
renewed  earlier  than  two  years  prior  to  its  expiration  unless  the  city 
commission  shall  by  vote  of  at  least  four  of  its  members  first  de¬ 
clare  by  ordinance  its  intention  of  considering  a  renewal  thereof.  All 
grants  of  the  right  to  make  extensions  of  any  public  utility  shall  be 
subject  as  far  as  practicable  to  the  terms  of  the  original  grant  and 
shall  expire  therewith. 

Assignment. 

Section  76.  No  such  grant  shall  be  leased,  assigned  or  otherwise 
alienated  except  with  the  express  consent  of  the  city  commission. 


Pag:e  Twenty-Nine 


CHARTER  OF  THE  CITY  OF  SPRINGFIELD,  OHIO 


Right  of  Purchase. 

Section  77.  All  such  grants  shall  reserve  to  the  city  the  right 
to  purchase  or  lease  all  the  property  of  the  utility  used  in  or  useful 
for  the  operation  of  the  utility,  at  a  price  either  fixed  in  the  ordinance 
making  the  grant,  or  to  be  fixed  in  the  manner  provided  by  such  ordi¬ 
nance,  which  price  shall  in  no  event  include  any  value  for  the  grant. 
Nothing  in  such  ordinance  shall  prevent  the  city  from  acquiring  such 
property  by  condemnation  proceedings  or  in  any  other  lawful  mode, 
which  rights  shall  be  in  addition  to  those  reserved  in  such  ordinance. 
Upon  the  acquisition  of  such  property  by  purchase,  condemnation  or 
otherwise  all  grants  shall  at  once  terminate. 

Extension  by  Annexation. 

Section  78.  It  shall  be  provided  in  every  such  grant  that  upon 
the  annexation  of  any  territory  to  the  city  the  portion  of  any  such 
utility  that  may  be  located  within  such  annexed  territory  and  upon 
the  streets,  alleys  or  public  grounds  thereof,  shall  thereafter  be  sub¬ 
ject  to  all  the  terms  of  the  grant  as  though  it  were  an  extension 
made  thereunder. 

Right  of  Regulation. 

Section  79.  All  grants  shall  be  subject  to  the  right  of  the  city, 
whether  in  terms  reserved  or  not,  to  control  at  all  times  the  distribu¬ 
tion  of  space  in,  over,  under  or  across  all  streets,  alleys  or  public 
grounds  occupied  by  public  utility  fixtures,  and,  when  in  the  opinion 
of  the  city  commission  the  public  interest  so  requires,  such  fixtures 
may  be  caused  to  be  reconstructed,  relocated,  altered  or  discontinued; 
and  said  city  shall  at  all  times  have  the  power  to  pass  all  regulatory 
ordinances  affecting  such  utilities  which  in  the  opinion  of  the  city 
commission  are  required  in  the  interest  of  the  public  health,  safety  or 
accommodation. 

Forfeitures. 

Section  80.  If  any  action  shall  be  instituted  or  prosecuted  di¬ 
rectly  or  indirectly  by  the  grantee  of  any  such  grant,  or  by  its  stock¬ 
holders  or  creditors,  to  set  aside  or  have  declared  void  any  of  the 
terms  of  any  such  grant,  the  whole  of  such  grant  may  be  thereupon 
forfeited  and  annulled  at  the  option  of  the  city  commission  to  be  ex¬ 
pressed  by  ordinance.  All  such  grants  shall  make  provision  for  the 
declaration  of  a  forfeiture  by  the  city  commission  for  the  violation  by 
the  grantee  of  any  of  the  terms  thereof. 


Page  Thirty 


CHARTER  OF  THE  CITY  OF  SPRINGFIELD,  OHIO 


Accounts  and  Reports. 

Section  81.  Every  person  or  corporation  operating  a  public 
utility  within  the  city  limits,  whether  under  a  grant  heretofore  or 
hereafter  obtained,  shall  keep  and  maintain  at  some  place  within  the 
city  suitable  and  complete  books  of  account,  showing  in  detail  the  as¬ 
sets,  financial  obligations,  gross  revenue,  net  profits  and  all  the  op¬ 
erations  of  such  utility  which  are  usually  shown  by  a  complete  system 
of  bookkeeping. 

Each  such  person  or  corporation,  within  sixty  days  after  the  end 
of  each  of  its  fiscal  years,  unless  the  city  commission  shall  extend  the 
time,  shall  file  with  the  city  commission  a  report  for  the  preceding 
fiscal  year  showing  the  gross  revenue,  the  net  profits,  expenses  of 
repairs,  betterments  and  additions,  amount  paid  for  salaries,  amount 
paid  for  interest  and  discount,  other  expenses  of  operation,  and  such 
other  information,  if  any,  as  the  city  commission  from  time  to  time 
may  prescribe.  If  the  city  commission  shall  prescribe  the  form  for 
such  reports,  then  such  reports  shall  be  made  in  the  form  from  time 
to  time  prescribed  by  such  commission. 

It  shall  be  the  duty  of  each  such  person  or  corporation  to  furnish 
the  city  commission  such  supplementary  or  special  information  about 
its  affairs  as  the  commission  may  demand;  and  the  commission,  or  its 
authorized  representative,  shall  at  any  and  all  reasonable  times  have 
access  to  all  the  books,  records  and  papers  of  each  and  every  such 
person  or  corporation,  with  privilege  of  taking  copies  of  same  or  any 
part  thereof. 

The  duties  herein  prescribed  may  be  specifically  enforced  by  ap¬ 
propriate  legal  proceedings;  and  in  addition,  each  such  person  or  cor¬ 
poration,  for  failure  to  comply  with  the  provisions  of  this  section, 
shall  be  liable  to  the  City  of  Springfield,  Ohio,  in  the  sum  of  twenty- 
five  dollars  per  day  for  each  day  of  such  failure,  to  be  recovered  in  a 
civil  action  in  the  name  of  the  city. 

The  provisions  of  this  section  do  not  apply  to  any  utility  extend¬ 
ing  in  its  operations  to  other  communities  not  properly  suburban  to 
the  City  of  Springfield,  Ohio;  but  the  city  commission  by  ordinance 
may  make  the  same,  or  any  part  thereof,  applicable  to  the  portion  of 
any  such  utility  operated  within  the  limits  of  the  city. 

Grants  Not  Included. 

Section  82.  Revocable  permits  for  laying  spur  tracks  across  or 
along  streets,  alleys  or  public  grounds,  to  connect  a  steam  or  electric 
railroad  with  any  property  in  need  of  switching  facilities  shall  not  be 
regarded  as  a  grant  within  the  meaning  of  this  charter,  but  may  be 
permitted  in  accordance  with  such  terms  and  conditions  as  the  city 
commission  may  by  ordinance  prescribe. 


Page  Thirty-One 


CHARTER  OF  THE  CITY  OF  SPRINGFIELD,  OHIO 


General  Provision. 

Section  83.  Nothing  in  this  charter  contained  shall  operate  in  any 
way,  except  as  herein  specifically  stated,  to  limit  the  city  commission 
in  the  exercise  of  any  of  its  lawful  powers  respecting  public  utilities, 
or  to  prohibit  the  city  commission  from  imposing  in  any  such  grant 
such  further  restrictions  and  provisions  as  it  may  deem  to  be  in  the 
public  interest,  provided  only  that  the  same  are  not  inconsistent  with 
the  provisions  of  this  charter  or  the  constitution  of  the  state. 

MISCELLANEOUS  PROVISIONS 
General  Laws  to  Apply. 

Section  84.  All  general  laws  of  the  state  applicable  to  municipal 
corporations,  now  or  hereafter  enacted,  and  which  are  not  in  conflict 
with  the  provisions  of  this  charter,  or  with  ordinances  or  resolutions 
hereafter  enacted  by  the  city  commission,  shall  be  applicable  to  this 
city;  provided,  however,  that  nothing  contained  in  this  charter  shall 
be  construed  as  limiting  the  power  of  the  city  commission  to  enact  any 
ordinance  or  resolution  not  in  conflict  with  the  constitution  of  the  state 
or  with  the  express  provisions  of  this  charter. 

Ordinances  Continued  in  Force. 

Section  85.  All  ordinances  and  resolutions  in  force  at  the  time  of 
the  taking  effect  of  this  charter,  not  inconsistent  with  its  provisions, 
shall  continue  in  full  force  and  effect  until  amended  or  repealed. 

Continuance  of  Present  Officers. 

Section  86.  All  persons,  except  the  members  of  the  Board  of 
Education  and  the  Police  Judge,  holding  office  at  the  time  this  charter 
is  adopted  shall  continue  in  office  and  in  the  performance  of  their 
duties  until  provision  shall  have  been  otherwise  made  in  accordance 
with  this  charter  for  the  performance  or  discontinuance  of  the  duties 
of  any  such  office.  When  such  provision  shall  have  been  made  the 
term  of  any  such  officer  shall  expire  and  the  office  be  deemed  abol¬ 
ished.  The  powers  which  are  conferred  and  the  duties  which  are  im¬ 
posed  upon  any  officer,  board  or  department  of  the  city  under  the 
laws  of  the  state,  or  under  any  city  ordinance  or  contract  in  force  at 
the  time  of  the  taking  effect  of  this  act  shall,  if  such  office  or  de¬ 
partment  is  abolished  by  this  charter,  be  thereafter  exercised  and  dis¬ 
charged  by  the  commission,  officer,  board  or  department  upon  whom 
are  imposed  corresponding  functions,  powers  and  duties  by  this  char¬ 
ter  or  by  any  ordinance  or  resolution  of  the  city  hereafter  enacted. 

Continuance  of  Contracts  and  Vested  Rights. 

Section  87.  All  vested  rights  of  the  city  shall  continue  to  be 
vested  and  shall  not  in  any  manner  be  affected  by  the  adoption  of  this 
charter;  nor  shall  any  right  or  liability,  or  pending  suit  or  prosecu- 


Page  Thirty-Two 


CHARTER  OF  THE  CITY  OF  SPRINGFIEL.D,  OHIO 


tion,  either  in  behalf  of  or  against  the  city,  be  in  any  manner  affected 
by  the  adoption  of  this  charter,  unless  otherwise  herein  expressly 
provided  to  the  contrary.  A1  contracts  entered  into  by  the  city  or 
for  its  benefit  prior  to  the  taking  effect  of  this  charter  shall  continue 
in  full  force  and  effect.  All  public  work  begun  prior  to  the  taking 
effect  of  this  charter  shall  be  continued  and  perfected  hereunder. 
Public  improvements  for  which  legislative  steps  shall  have  been  taken 
under  laws  in  force  at  the  time  this  charter  takes  effect  may  be  car¬ 
ried  to  completion  in  accordance  with  the  provisions  of  such  laws. 

Investigations. 

Section  88.  The  city  commission,  or  any  committee  thereof,  the 
city  manager  and  any  advisory  board  appointed  by  the  commission  for 
such  purpose,  shall  have  power  at  any  time  to  cause  the  affairs  of  any 
department  or  the  conduct  of  any  officer  or  employe  to  be  investiga¬ 
ted;  and  for  such  purpose  shall  have  power  to  compel  the  attendance 
of  witnesses  and  the  production  of  books,  papers  and  other  evidence; 
and  for  that  purpose  may  issue  subpoenas  or  attachments  which  shall 
be  signed  by  the  president  or  chairman  of  the  body  or  by  the  officer 
making  the  investigation,  and  shall  be  served  by  any  officer  author¬ 
ized  by  law  to  serve  such  process.  The  authority  making  such  inves¬ 
tigation  shall  also  have  power  to  cause  the  testimony  to  be  given 
under  oath  to  be  administered  by  some  officer  authorized  by  general 
law  to  administer  oaths;  and  shall  also  have  power  to  punish  as  for 
contempt  any  person  refusing  to  testify  to  any  fact  within  his  knowl¬ 
edge,  or  to  produce  any  books,  or  papers  under  his  control,  relating 
to  the  matter  under  investigation. 

Oath  of  Office. 

Section  89.  All  officers  before  taking  office  shall  take  the  oath 
of  office  prescribed  by  law;  but  the  oath  of  office  of  city  commissioner 
shall  be  in  writing  and  be  filed  with  the  city  auditor  and  shall  con¬ 
tain  the  assertion  that  in  his  candidacy  for  nomination  and  election 
he  has  not  violated  any  provision  of  section  three  of  this  charter. 

Hours  of  Labor. 

Section  90.  Except  in  cases  of  extraordinary  emergency,  not  to 
exceed  eight  hours  shall  constitute  a  day’s  work  and  not  to  exceed 
forty-eight  hours  a  week’s  work,  for  workmen  engaged  on  any  public 
work  carried  on  or  aided  by  the  city,  whether  done  by  contract  or 
otherwise;  and  it  shall  be  unlawful  for  any  person,  corporation  or 
association,  whose  duty  it  shall  be  to  employ  or  to  direct  and  control 
the  services  of  such  workmen  to  require  or  permit  any  of  them  to 
labor  more  than  eight  hours  in  any  calendar  day  or  more  than  forty- 
eight  hours  in  any  week,  except  in  cases  of  extraordinary  emergency. 
Any  person  who  shall  violate  any  of  the  provisions  of  this  section 


Page  Thirty-Three 


CHARTER  OF  THE  CITY  OF  SPRINGFIERD*  OHIO 


shall  be  deemed  guilty  of  a  misdemeanor  and  upon  conviction  be  fined 
not  to  exceed  five  hundred  dollars  or  be  imprisoned  not  more  than  six 
months  or  both.  This  section  shall  not  be  construed  to  include  police¬ 
men  or  firemen  nor  shall  it  be  held  to  apply  to  any  contract  made 
prior  to  the  taking  effect  of  this  charter. 

First  Election. 

Section  91.  In  order  that  the  provisions  of  this  charter  may  be 
put  into  full  force  and  effect  from  and  after  January  1,  1914,  five  city 
commissioners  shall  be  elected  on  the  fourth  day  of  November,  1913. 
Candidates  for  the  city  commission  shall,  at  such  election,  be  nomi¬ 
nated  by  petition,  and  there  shall  be  no  primary.  Such  petitions 
shall  contain  the  name  of  the  candidate  or  candidates,  and  shall  speci¬ 
fy  as  to  each  candidate  that  he  is  nominated  for  the  office  of  City 
Commissioner  for  the  City  of  Springfield,  Ohio,  and  shall  state  his 
place  of  residence,  with  street  and  number  thereon,  if  any.  Such 
petitions  shall  be  signed  for  each  candidate  by  qualified  electors  of  the 
city  not  less  in  number  than  five  per  cent  of  the  total  registered 
voters  of  the  city. 

Signers  of  such  petitions  shall  insert  in  them  the  names  and 
addresses  of  such  persons  as  they  desire  to  the  number  of  five  as  a 
committee  who  may  fill  vacancies  caused  by  death  or  withdrawal. 

Such  petitions  shall  contain  a  provision  that  each  signer  thereto 
thereby  pledges  himself  to  support  and  vote  for  the  candidate  or  can¬ 
didates  whose  nominations  are  therein  requested,  and  each  elector 
signing  a  petition  shall  add  to  his  signature  his  place  of  residence 
and  may  subscribe  to  one  nomination  for  each  of  the  five  places  to  be 
filled  and  no  more. 

One  of  the  signers  to  each  such  separate  paper  shall  swear  that 
the  statements  therein  are  true  to  the  best  of  his  knowledge  and  be¬ 
lief  and  the  certificate  of  such  oath  shall  be  annexed. 

Such  petitions  shall  be  filed  with  the  Board  of  Deputy  State  Su¬ 
pervisors  of  Elections  of  Clark  County,  Ohio,  not  less  than  sixty  days 
previous  to  the  day  of  said  election. 

Any  person  whose  name  has  been  submitted  for  candidacy  by  any 
such  petition  shall  file  with  the  secretary  or  any  member  of  such 
election  board,  before  September  15,  1913,  his  written  acceptance  of 
such  candidacy,  which  acceptance  shall  state  that  if  elected  he  will 
qualify  for  and  serve  in  such  office  during  the  term  for  which  he  is 
elected.  It  shall  be  the  duty  of  the  secretary  or  member  of  such  elec¬ 
tion  board  with  whom  such  acceptance  is  filed  forthwith  to  make  and 
deliver  to  such  candidate  a  written  certificate  acknowledging  the 
receipt  of  such  acceptance  and  stating  the  date  of  its  filing.  If  any 
candidate  fails  to  file  such  acceptance  his  name  shall  not  appear  upon 
the  ballot. 


Page  Thirty-Four 


CHARTER  OF  THE  CITY  OF  SPRINGFIELD,  OHIO 


In  the  event  of  failure  to  elect  commissioners  at  such  election, 
the  vacancies  due  thereto  shall  be  filled  under  the  provisions  of  sec¬ 
tion  four  of  this  charter  at  any  time  after  November  15th,  1913; 
and  the  three  members  selected  by  the  joint  board  shall  have  the 
four-year  terms. 

Amendment  of  Charter. 

Section  92.  Amendments  to  this  charter  may  be  submitted  to  the 
electors  of  the  city  by  a  two-thirds  vote  of  the  city  commission,  and, 
upon  petition  signed  by  ten  per  cent  of  the  electors  of  the  city  setting 
forth  any  such  proposed  amendment,  shall  be  submitted  by  such  city 
commission.  The  ordinance  providing  for  the  submission  of  any  such 
amendment  shall  require  that  it  be  submitted  to  the  electors  at  the 
next  regular  municipal  election  if  one  shall  occur  not  less  than  sixty 
nor  more  than  one  hundred  and  twenty  days  after  its  passage;  other¬ 
wise  it  shall  provide  for  the  submission  of  the  amendment  at  a  special 
election  to  be  called  and  held  within  the  time  aforesaid.  Not  less  than 
thirty  days  prior  to  such  election  the  clerk  of  the  city  commission  shall 
mail  a  copy  of  the  proposed  amendment  to  each  elector  whose  name 
appears  upon  the  poll  or  registration  books  of  the  last  regular  munici¬ 
pal  or  general  election.  If  such  proposed  amendment  is  approved  by 
a  majority  of  the  electors  voting  thereon  it  shall  become  a  part  of  the 
charter  at  the  time  fixed  therein. 

Saving  Clause. 

Section  93.  If  any  section  or  part  of  a  section  of  this  charter 
proves  to  be  invalid  or  unconstitutional,  the  same  shall  not  be  held  to 
invalidate  or  impair  the  validity,  force  or  effect  of  any  other  section 
or  part  of  a  section  of  this  charter,  unless  it  clearly  appear  that  such 
other  section  or  part  of  a  section  is  wholly  or  necessarily  dependent 
for  its  operation  upon  the  section  or  part  of  a  section  so  held  uncon¬ 
stitutional  or  invalid. 

When  Charter  Takes  Effect. 

Section  94.  For  the  purpose  of  nominating  and  electing  officers 
and  all  purposes  connected  therewith  and  for  the  purpose  of  exercising 
the  powers  of  the  city  as  provided  herein,  this  charter  shall  take  ef¬ 
fect  from  the  time  of  its  approval  by  the  electors  of  the  city.  For  the 
purpose  of  establishing  departments,  divisions  and  officers,  and  dis¬ 
tributing  the  functions  thereof,  and  for  all  other  purposes  it  shall 
take  effect  on  the  first  day  of  January,  1914. 


Page  Thirty  Five 


CHARTER  OF  THE  CITY  OF  SPRING  FIELD,  OHIO 


We,  the  undersigned  members  of  the  Charter  Commission  of  the 
City  of  Springfield,  Ohio,  elected  at  a  special  election  held  on  the  10th 
day  of  June,  1913,  have  framed  and  hereby  propose  the  foregoing  as  a 
charter  for  the  City  of  Springfield,  Ohio. 

Done  in  duplicate  in  the  City  of  Springfield,  Ohio,  this  18th  day 
of  July,  A.  D.  1913. 


THE  CHARTER  COMMISSION 
STEWART  L.  TATUM,  President. 


JAMES  H.  AUGUSTUS. 
J.  E.  BOWMAN. 
CHARLES  G.  HECKERT. 
WILLIAM  C.  HEWITT. 

T.  J.  KIRKPATRICK. 
FRANCIS  C.  LINK. 
ROBERT  I.  NETTS. 


WILLIS  M.  WISE. 
CHARLES  BAUER. 

JOHN  W.  GARNIER. 
JOHN  J.  HOPPES. 

HARRY  S.  KISSELL. 

J.  HOWARD  LITTLETON. 
W.  S.  THOMAS. 


GEORGE  L.  RINKLIFF,  Secretary. 
GLENN  M,  WHITESELL,  Assistant  Secretary. 


3  01 


12 


098430280 


Page  Thirty  Six 


